part of pension is withheld or withdrawn, the
amount of pension drawn by a pensioner shall not be less than the
minimum pension payable under ... which deal with withholding or withdrawal
of pension where the pensioner is guilty of grave misconduct, would
be applicable wherein the mandatory provisions akin
such pension shall not be
reduced below the minimum pension per mensem payable under
these regulations.
45. Pensioner guilty of grave misconduct : In a case ... from pension of the whole or part
of pecuniary loss, in the eventuality, the pensioner is found guilty
of grave negligence or a misconduct
such pension shall not be
reduced below the minimum pension per mensem payable under
these regulations.
45. Pensioner guilty of grave misconduct : In a case ... from pension of the whole or part
of pecuniary loss, in the eventuality, the pensioner is found guilty
of grave negligence or a misconduct
misconduct' and 'grave misconduct'/and 'gravest acts of misconduct' expression used in the State of Punjab. The adjective 'grave ... government in the following eventualities:-
i. pensioner be convicted of serious crime;
ii. pensioner be guilty of grave misconduct;
iii. pensioner having caused pecuniary loss
such pension shall not be
reduced below the minimum pension per mensem payable
under these regulations.
xxxxx
45. Pensioner guilty of grave misconduct ... authority to withdraw or withhold full
pension or part pension if the pensioner is found guilty of grave misconduct.
The said Regulation deals with
misconduct, grave misconduct and gravest misconduct. The conduct and disciplinary rules in general is to identify the conduct which are not misconduct and which ... imposed for misconduct or grave misconduct or gravest misconduct. For example the employees retired or retiring there are Rules under CCS (Pension) Rules
held that where a judicial proceedings is pending against a pensioner for grave misconduct the Government is entitled to withheld the gratuity amount ... grave misconduct.
It has been held that there can be many kinds of grave misconduct and that the explanation does not confine grave misconduct
made
between a 'misconduct' and a 'grave misconduct' and that pension could be
withheld by the disciplinary authority only ... which defined grave misconduct. Having regard to the fact that the
word 'grave misconduct' has not been defined in the Pension Regulations
finding of
grave misconduct or negligence by the disciplinary authority. Since there
was no such finding of grave misconduct or negligence in the disciplinary
authority ... Rule 8(5), explanation (b) defines 'grave misconduct' thus:
"The expression 'grave misconduct' includes
the communication or disclosure
grave misconduct as charged
for, the exercise of the power is clearly illegal and in
excess of jurisdiction as the condition precedent, grave
misconduct ... Rule 8(5), explanation (b) defines 'grave misconduct' thus'
"The expression 'grave misconduct' includes the communica-
tion or disclosure
