Section 8: Pension may be withheld, suspended on discontinued or paid to wife or other dependent

(a) In special circumstances specified hereunder, the competent authority may withhold, suspend or discontinue in full or in part the pension (including commuted value thereof which has not been paid), children‟s allowance or gratuity (including Death-cum- Retirement Gratuity), to be granted or granted to an individual. In exceptional cases, payment of part or whole of the pension, allowance or gratuity withheld or suspended may, by order of the President, be made to the wife or other dependent(s) of the pensioner.

(b) This regulation may be invoked under the following circumstances.-

(i) Offences against the State as listed in Chapter VI of the Indian Penal Code 1860 (45 of 1860), as amended from time to time;

(ii) Other serious crimes under the Indian Penal Code 1860 (45 of 1860) Official Secrets Act, 1923 (19 of 1923) or any other special Law of the land and grave misconduct;

(iii) To recover the whole or part of any pecuniary loss caused to the Government in cases where in any departmental or judicial proceedings, the pensioner/ individual is found guilty of misconduct or negligence committed during the period of re-employment after retirement/ discharge leading to the said loss;

(iv) Unauthorisedly continuing to occupy the residential accommodation including hired one provided by the Government;

(v) When a report is received, after sanctioning the pension, that departmental or judicial proceedings (for the offences committed while in service or during the period of re-employment) are in progress against the individual;

(vi) When an individual obtains re-employment after retirement without obtaining prior permission of the competent authority as prescriber from time to time; and

(vii) Any other circumstances considered a special by the President.

(c) In applying the provisions of this Regulation the procedure laid down in Chapter IV-A of part II of these regulations shall be followed.

Explanation. – The word pension as used in the regulation means service, disability, invalid or family pension, as the case may be.]