(1)A Government servant who is dismissed or removed from service shall forfeit his pension and gratuity:Provided that the authority competent to dismiss or remove him from service may, if the case is deserving of special consideration, sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him if he had retired on medical certificate.[Provided further that no allowance shall be granted to an officer under the rule-making control of the Government of India, other than those who are governed by the AH India Services (Death-cum-Retirement Benefits) Rules, 1958, without further sanction.Provided also that no compassionate allowance shall be granted in cases of Government servants dismissed or removed from service under the second proviso (c) to clause (2) of Article 311 of the Constitution of India, for overt, anti-national activities such as sabotage, espionage and like.(2)A compassionate allowance sanctioned under the proviso the sub-rule (1) shall not be less than the limit specified in sub-rule (5) of [rule 43] [Rule 40 - first and third proviso added and proviso to Rule 40 inserted as second proviso - G.O.Ms.No.191, Finance (Pension) department, dated 15-03-1995 with effect from 1st January 1979].] [First proviso substituted - G.O.Ms.No.298, Finance (Pension) Department, dated 31-7-2001 with effect from 21st March 1989]
