69. Provisional pension where departmental or judicial proceedings [or enquiry by the Director of Vigilance and Anti-corruption] [Rule 69, in the marginal heading, after the words 'judicial proceedings', the words 'or enquiry by the Director of Vigilance and Anti-corruption' inserted - G.O.Ms.No.308, Finance (Pension) Department, dated 2nd May 1988 with effect from 1st January 1979.] may be pending.
(1)(a)In respect of a Government servant referred to in sub-rule (4) of 9, the Head of office shall pay the provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant.(b)No gratuity shall be paid to the Government servant until the conclusion the departmental or judicial proceedings [or enquiry by the Director of Vigilance and Anti-corruption] [Rule 69(1)(b), after the words 'judicial proceedings', the words 'or enquiry by the Director of Vigilance and Anti-corruption' inserted - G.O.Ms.No.308, Finance (Pension) Department, dated 2nd May 1988 with effect from 1st January 1979.] and issue of final orders thereon.[Provided that no such gratuity, shall be withheld in respect of a Government servant, who has been permitted to retire without prejudice to the departmental or judicial proceedings pending against him, where such departmental or judicial proceedings are only for administrative lapses not involving any pecuniary loss to the Government.] [First Proviso to Rule 69(1)(b) added - G.O.Ms.No.286, Finance (Pension) Department, dated 07-04-1995 with effect from 04th July 1988.][Provided further that where a Government servant, against whom a departmental or judicial proceedings involving pecuniary loss to Government is pending, is permitted to retire without prejudice to such departmental or judicial proceedings, a portion of gratuity may be authorized after deducting the maximum computed financial loss to the Government for which the Government servant is held liable, along with un-recovered Government dues if any, of such Government servants, with interest.] [Second Proviso to Rule 69(1)(b) added - G.O.Ms.No.287, Finance (Pension) Department, dated 07-04-1995 with effect from 16th October 1991.](2)Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such 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 either permanently or for a specific period.(3)Nothing contained in this rule shall prejudice the operation of rule 6 when final pension is sanctioned upon the conclusion of that departmental or judicial proceedings [or enquiry by the Director of Vigilance and Anti-corruption] [Rule 69(3), after the words 'judicial proceedings', the words 'or enquiry by the Director of Vigilance and Anti-corruption' inserted - G.O.Ms.No.308, Finance (Pension) Department, dated 2nd May 1988 with effect from 1st January 1979.].
