(1)(a)Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules:(b)The pension sanctioning authority may by order in writing withhold or withdraw a pension or part thereof, whether Permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct:Provided that no such order shall be passed by an authority subordinate to the authority competent to make an appointment to the post held by the pensioner immediately before his retirement from service:Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the limit specified in sub-rule (5) of rule 43.(2)Where a pensioner is convicted of a serious crime by a court, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.(3)In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under sub-rule (1),-(a)serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the pension sanctioning authority, such representation as he may wish to make against the proposal: and(b)take into consideration the representation, if any, submitted by the pensioner under clause (a).(4)where the authority competent to pass an order under sub-rule (1) is the Government, the Tamil Nadu Public Service Commission shall be consulted before the order is passed.(5)An appeal against an order passed under sub-rule (1) by any authority other than the Government, shall lie to the Government and the Government shall, in consultation with the Tamil Nadu Public Service Commission pass such orders, on the appeal as they deem fit.Note. - In this Rule(a)the expression "serious crime" includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);(b)the expression "grave-misconduct" includes the communication or disclosure of any secret official code or password or any sketch plan model, article, note, document or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding office under the Government) so as to prejudicially affect, the interest of the general public or the security of the State.
