Section 38 in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984
38. Compulsory retirement pension.
(1)An employee of the Commission compulsorily retired from the service as a penalty may be granted, by the authority competent to impose such penalty, pension or gratuity or both at a rate not less than two-third and not more than full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement.(2)Whenever in the case of an employee of the Commission, an order is passed, by an authority other than the Commission itself (whether original, appellate or in exercise of power of review), awarding a pension less than the full compensation pension admissible under these regulations, the Chairman shall be consulted before such order is passed.Explanation - In this sub-regulation, expression 'pension' includes gratuity.(3)A pension granted or awarded under sub-regulation (1) or, as the case may be under sub-regulation (2), shall not be less than the amount of Rupees sixty per mensem.Explanation. - This form of penalty has been introduced to provide for cases in which the continuance of an employee of the Commission in service is considered to be undesirable but the extreme penalties of removal or dismissal, with consequent loss of pension, is considered to be too severe.The persons on whom the penalty of compulsory retirement is imposed should ordinarily be granted the full compensation pension and death-cum retirement gratuity admissible on the date of compulsory retirement. Where, however, the circumstances of a particular case so warrant, the authority competent to impose the penalty of compulsory retirement may make such deductions in the pensionary benefits, within the limits prescribed, as it may think appropriate.
