Pension

[Tina DU]

In D.V. Kapoor v Union of India AIR 1990 SC 1923, the Supreme Court had
occasion to deal with Rule 9; the Court observed as follows:
“It is seen that the President has reserved to himself the right
withhold pension in whole or in part therefore whether permanently
or for a specified period or he can recover from pension of the
whole or part of any pecuniary loss caused by the Government
employee to the Government subject to the minimum. The
condition precedent is that in any departmental enquiry or the
judicial proceedings, the pensioner is found guilty of grave
misconduct or negligence during the period of his service of the
original or on re-employment. The condition precedent thereto is
that there should be a finding that the delinquent is guilty of
grave misconduct or negligence in the discharge of public duty
in office, as defined in Rule 8(5), explanation (b) which is an
inclusive definition, i.e. the scope is wide of mark dependent on
the facts or circumstances in a given case. Myriad situation may
arise depending on the ingenuinity with which misconduct or
irregularity was committed. It is not necessary to further probe
into the scope and meaning of the words ‘grave misconduct or
negligence’ and under what circumstances the findings in this
regard are held proved….
6. As seen the exercise of the power by the President is hedged
with a condition precedent that a finding should be recorded
either in departmental enquiry or judicial proceedings that the
pensioner committed grave misconduct or negligence in the
discharge of his duty while in office, subject of the charge. In
the absence of such a finding the President is without authority
of law to impose penalty of with- holding pension as a measure
of punishment either in whole or in part permanently or for a
specified period, or to order recovery of the pecuniary loss in
whole or in part from the pension of the employee, subject to
minimum of Rs.60.
7. Rule 9 of the rules empowers the President only to with- hold
or withdraw pension permanently or for a specified period in whole or in part or to order recovery of pecuniary loss caused
to the State in whole or in part subject to minimum. The
employee’s right to pension is a statutory fight. The measure of
deprivation therefore, must be correlative to or commensurate
with the gravity of the grave misconduct or irregularity as it
offends the right to assistance at the evening of his life as assured
under Art. 41 of the Constitution.”

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