9. Right of Government to withhold or withdraw pension.
(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dated 16-08'1993 with effect from 16th August 1993.]Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of rule 43.(b)In case there is any pecuniary loss caused to the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.(2)(a)The department proceeding referred to in sub-rule(1) if instituted while the Government servant was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service:Provided that where the departmental proceedings are instituted by an authority subordinate to the Government that authority shall submit a report recording its findings to the Government.(b)The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment-(i)shall not be instituted save with the sanction of the Government;(ii)shall not be in respect of any event which took place more than four years before such institution; and(iii)shall be conducted by such authority and in such place as the Government may direct and in accordance with the Procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.(3)[***] [Rule 9(3) omitted - G.O.Ms.No.344, Finance (Pension) Department, dated 22-4-1994.](4)In the case of a Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental proceedings are continued under sub-rule (2), [or any enquiry is being conducted by the Director of Vigilance and Anti Corruption] [Rule 9 (4) the expression 'or any enquiry is being conducted by the Director of Vigilance and Anti Corruption' inserted - G.O.Ms.No.308, Finance (Pension) Department, dated 02-05-1988 with effect from 1st October 1999.], a provisional pension as provided in rule 60 or rule 69 as the case may be, shall be sanctioned.(5)Where the Government decide not to withhold or withdraw pension but order recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of a Government servant.(6)For the purpose of this rule:-(a)[ departmental proceedings shall be deemed to include the enquiry pending before the Tribunal for disciplinary proceedings.] [Rule 6(a) added and clauses (a) & (b) renumbered as (b) and (c) G.O.Ms.No.174, Finance (Pension) Department, dated 16-02-1990 with effect from 1st January 1979.](b)departmental proceedings shall.be deemed to be instituted on the date on which the statement of charges is issued to the Government Servant or pensioner or if the Government Servant has been placed under suspension from an earlier date, on such date; and(c)judicial proceedings shall be deemed to be instituted-(i)In the case of criminal proceedings, on the date of complaint or report of a police officer, of which the Magistrate take, cognizance, is made, and(ii)in the case of civil proceedings, on the date on which client is presented in the court.Note. - (1) As soon as proceeding of the nature referred to in the above rule are instituted, the authority which institutes such proceedings should without delay, intimate the fact to the Accountant-General concerned.Note. - (2) If an officer against, whom an enquiry is held is unable to satisfactorily account for possession by himself or by any other person on his behalf, e.g., dependants, or pecuniary resources or property disproportionate to his known sources of income, a charge of corruption should be presumed to have been proved against him and the case will come within the purview of this rule. The position is that the term "grave misconduct" used in this rule is wide enough to include corrupt practices. In cases where the charge of corruption is proved only after pension has been sanctioned, and it is not therefore possible to invoke the provisions of rule 6, action to withhold or withdraw pension may be taken under this rule. In this connection [the provision of rule 9 (2) is] [Rule 9(6)(c)(ii) Note (2) for the expression 'the provisions of rules 9(2) and 9(3) are', the expression 'the provisions of rules 9(2) is' substituted - G.O.Ms.No.344, Finance (Pension) Department, dated 22-04-1994.] to be noted carefully. In accordance with these provisions the property or pecuniary resources in respect of which the [departmental proceedings] [Rule 9(6)(c)(ii) Note (2) for the expression 'the departmental or judicial proceedings ', the expression 'the departmental proceedings ' substituted - G.O.Ms.No,344, Finance (Pension) Department, dated 22-04-1994.] are instituted under rule 9 should have been acquired by the person concerned or any other person on his behalf any time within the period of four years before the institution of such proceedings if not instituted while the officer was on duty either before retirement or during re-employment.
