It is not clear from your question whether provisional pension / gratuity was sanctioned to the Government officer concerned or it was withheld partly or fully. Also, it is not clear whether the Government officer belongs to the Central Government or a State Government, because the actual rules may sometimes be slightly different (though, generally, such rules are similar).
So, let me take the example of an officer who was working under the Central Government and was subject to the Central Civil Services (Pension) Rules. For officers under other Governments too, the rules will generally be similar.
Rule 8 of the CCS (Pension) Rules lays down that “Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules”. This Rule also states that:
“The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.”
Therefore, if a pensioner is convicted in a serious crime, even after his retirement, his pension can be withheld or withdrawn, either fully or in part, either permanently or for a specified period.
I may point out that in Rule 3(1)(o) of the said Rules, it is defined that:
“`Pension' includes gratuity except when the term pension is used in contradistinction to gratuity, but does not include dearness relief”.
Therefore, a combined reading of these Rules shows that even gratuity of the pensioner may perhaps be withheld in case of conviction of the pensioner in a serious crime.
My understanding is that a corruption case may be considered as a serious crime, for the purposes of the above Rule.
It is also noteworthy that vide G.I., M.H.A., O.M. No. 50/2/59-Ests. (A), dated the 7th October, 1959, directions have been issued to the effect that since future good conduct is an implied condition of the grant of every pension and Government has the right to withhold or withdraw a pension or any part of it if the pensioner is convicted of a serious crime or found guilty of grave misconduct, it is, therefore, necessary to ensure that cases where pensioners are convicted by a Court of any crime are also brought to the notice of Government.
Rule 9 of the said CCS (Pension) Rules further provides that:
“The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement.”
In view of these Rules, in my opinion, it may be possible for Government to withdraw or withhold pension / gratuity, either fully or in part, in the event of conviction of the pensioner.
If such pension / gratuity was not sanctioned at the time of the retirement, or if a provisional pension was sanctioned at that time, then the Government may issue an appropriate order of modified pension/gratuity or a fresh sanction, as the case may be, after the conviction, depending on whether the Government decides to withhold / withdraw pension/gratuity in full or in part. So, if the Government decides to withdraw only a part of the pension after conviction, and if pension was not sanctioned earlier at the time of the retirement, then the Government may sanction the part pension even after conviction.
But, generally speaking, in case of conviction in a corruption case, chances are more of the pension being withdrawn fully. Of course, the decision is with the concerned authority.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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