Where a pensioner is convicted of a serious crime by a court of Law, action shall be taken in the light of the judgement of the Court relating to such conviction.
45. Pensioner guilty of grave misconduct- In a case not failing under regulation 44 if the Competent Authority considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order, follow the procedure specified in Bank of Maharashtra Officer Employees' (Discipline and Appeal) Regulations, 1976 or in Settlement as the case may be.
46. Provisional Pension-
(1) An employee who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld etc. either permanently or for a specified period./ P a g e 46 | 73
(2) In such cases the gratuity shall not be paid to such an employee until the conclusion of the proceedings against him. The gratuity shall be paid to him on conclusion of the proceedings subject to the decision of the proceedings. Any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable.
Explanation. - In this chapter,-
(a) the expression " serious crime"includes a crime involving an offence under the Official Secrets Act, 1923( 19 of 1923).
(b) the expression " grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in Section 5 of the Official Secrets Act, 1923(19 of 1923) which was obtained while holding office in the Bank so as to prejudicially affect the interests ,of the general public or the security of the State.
(c) the expression " fraudulently" shall have the meaning assigned to it under Section 25 of the Indian Penal Code, 1860 ( 45 'of 1860)
(d) the expression " Criminal breach of trust" shall have the meaning assigned to it under Section 405 of the Indian Penal Code, 1860(45 of 1860)
(e) the expression " forgery" shall have the meaning assigned to it under Section 463 of the Indian Penal Code, 1860( 45 of 1860)