(1)(a)The Government reserve to themselves the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period if, in any departmental or judicial proceeding, the pensioner is found guilty of grave mis-conduct or negligence during the period of his service, including service rendered upon reemployment after retirement, and such withholding or withdrawing the pension may be effected irrespective of the fact whether or not any pecuniary loss on account of such grave misconduct or negligence was caused to the Government, to any local body or to any Co-operative Society comprising of Government servants and registered under the Tamil Nadu Co-operative Societies Act, 1961;[Provided that before passing an order under this sub-rule withholding or withdrawing the pension of a pensioner, the Tamil Nadu Public Service Commission shall be consulted if the pensioner does not agree to such withholding or withdrawal of the pension. The Tamil Nadu Public Service Commission need not be consulted in cases where the pensioner agrees to withholding or withdrawal of the pension but a copy of the orders passed by the Government in such cases shall be sent to the said Commission.] [First proviso to Rule 9(1)(a) substituted - G.O.Ms,No.572, Finance (Pension) Department, dated 16-08'1993 with effect from 16th August 1993.]Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of rule 43.(b)In case there is any pecuniary loss caused to the Government, to any local body or to any co-operative societies comprising of Government servants and registered under the Tamil Nadu Co-operative Societies. Act. 1961, and if in any, departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment after retirement, the Government shall also have the right of ordering recovery from the Pension [or Death-cum-Retirement Gratuity] [Rule 9(1)(b) the expression 'or Death-cum-Retirement Gratuity' inserted - G.O.Ms.No. 1258, Finance (Pension) Department, dated 29-11-1990] of the whole or part of the pecuniary loss caused by such grave misconduct or negligence:Provided that the Tamil Nadu Public Service Commission shall be consulted before any final orders under this clause are passed.Explanation. - 'Judicial Proceeding' shall include proceeding before any Tribunal constituted by an Act of Parliament or the State Legislature or by a Rule.
