Section 210 in The Navy (Pension) Regulations, 1964
210. Over payments of pension.
(1)Overpayment of pension in India due to an error in law (including those due to misinterpretation of any of these regulations) shall not be recovered, but shall be reported by the Controller of Defence Accounts (Pensions) to the Central Government through the Controller General of Defence Accounts.Any case in which there is a doubt or a difference of opinion between the Controller of Defence Accounts (Pensions) and the competent authority as to whether the overpayment was due to an error in law, or due to misinterpretation of any of these regulations, shall be submitted to the Central Government through the Controller General of Defence Accounts for orders.Cases of overpayment in such circumstances outside India shall be reported by the Controller of Defence Accounts (pensions) to the Central Government through the Controller General of Defence Accounts for orders.(2)Overpayment of pension due to any other reason (including those involving fraud) shall be dealt with as follows :(i)Those challenged in audit within twelve months from the date of payment.- If a pension is payable, further payments shall be made at the correct rate and the overpayment recovered in instalments of one-third of the pension. If the circumstances leading to overpayment disclose fraud on the part of the recipient, and in the opinion of the Controller of Defence Accounts (Pensions) warrant the stoppage of the pension in full or recovery of over payments in instalments of more than one third of the pension, a report shall be submitted (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority, who shall decide each case on its merits and communicate their decision to the Controller of Defence Accounts (Pensions). Further adjustment as may be necessary shall be carried out by the Controller of Defence Accounts (Pensions) on receipt of such orders.If no pension is admissible, payment shall cease immediately the error is detected and a report of the circumstances leading to the overpayment shall be submitted (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority.(ii)Those not challenged in audit within twelve months from the date of payment (including those where payments were made partly within twelve months and partly on a date or dates more than twelve months anterior to the date of challenge). - If a pension is payable, further payments shall be made at the correct rate and a report of the circumstances leading to the overpayment shall be submitted by the Controller of Defence Accounts (Pensions) (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority. pending the orders of that authority, no recovery of the overpayment shall be made.If no pension is payable, payment shall cease immediately the error is detected and a report of the circumstances leading to the overpayment shall be submitted by the Controller of Defence Accounts (Pensions) (through the Controller General of Defence Accounts in cases of pensions drawn outside India) to the competent authority.(3)Action to be taken by the competent authority. - On receipt of the reports specified in clauses (i) and (ii) of sub-regulation (2) the competent authority shall for reasons to be recorded in writing decide, subject to the provisions of clause (ii), whether the whole or any portion of the overpayment shall be recovered or written off or in cases involving fraud or misconduct whether the pension shall be withheld wholly or reduced, and if so, permanently or temporarily, as the case may be, and communicate his decision to the Controller of Defence Accounts (Pensions).Any amount withheld under this regulation shall be adjusted against the overpayment to the extent necessary.(ii)In cases of pensions drawn in India, over payments made during the twelve months preceding the date of challenge in audit shall not be written off unless it is impossible to effect recovery.(4)How recovery is made. - If the competent authority decides that the overpayment should be recovered, recovery shall normally be effected in instalments of one-third of the pension unless otherwise specified in the orders. If no pension is payable, the method of recovery shall be decided by the competent authority [in consultation with the Controller of Defence Accounts (Pensions) in the cases of pensions drawn in India.]
