Section 39 in The Orissa Municipal Employees' Pension Rules, 1989
39.
(1)The full pension admissible under these rules shall not be sanctioned to an employee unless the service rendered by that employee has been approved by the pension sanctioning authority as satisfactory.(2)If such service has not been satisfactory, the authority sanctioning the pension may make such reduction of amount of pension, or gratuity or both as that authority may think proper :Provided that this rule cannot be used directly to effect penal recovery but the competent authorities are justified in marking proof of specific instance of fraud or negligence by an employee as the ground for finding that his service has not been satisfactory within the meaning of the rule for the purpose of reducing pension :Provided further that the amount of pension shall not be reduced below the minimum limit :Provided also that where pension has already been reduced under Rule 6 further reduction may not be made under this rule.(3)Whenever an order reducing the pension of an employee is passed, the employee affected shall have a right of appeal to the authority to whom an appeal from an order of dismissal or removal lies under the provisions of the Act.(4)The measure of reduction in the amount of pension shall be to the extent by which the employees service as a whole fail to reach a satisfactory standard and no attempt shall be made to equate the amount of reduction with the amount of loss caused to the Council.Note. - The service of an employee may be presumed to be not satisfactory on account of his failure to satisfactorily account for the possession of pecuniary resources or property disproportionate to his known sources of income.(5)Reduction referred to in Sub-rule (2) shall be of permanent character.(6)The pension sanctioned under these rules shall not be reduced although proof of the service having been not satisfactory may come to the notice of the pension sanctioning authority subsequent to the sanction of pension.
