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Government has withhold pension in lieu of criminal proceedings 

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Service & Labour

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Question: Government has withhold pension in lieu of criminal proceedings . A central government employee retired in 2001 and criminal proceedings initiated in 2007. He is being convicted in 2022. Is Presidential sanction necessary under rule 9 of CCA Conduct Rule to withhold his pension or any other rule applicable in this case. Please clarify. 

Asked from: Jharkhand

If the criminal proceeding was initiated after obtaining proper sanction then upon your conviction the government can withhold your pension and other retirement benefits. If there is any defect in the commencement of criminal proceedings, after your retirement, then you can challenge the veracity of proceeding before the High Court. 

Conviction in criminal proceedings further strengthened the case of the government. In this scenario until you acquit in the criminal case you cannot claim release of pension. Criminal and departmental proceedings stand on different footings. However, After being acquittal you can claim your pension. Government has withhold pension in lieu of criminal proceedings 

But the government is not bound to release a pension if it finds that your conduct is bad as per The Central Civil Services (Conduct) Rules, 1964. In this condition you should also challenge the legality of departmental proceedings. If the court declares that proceeding was illegal or faulty then you will become entitled to get pension and release all retirement benefits.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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