Bihar Pension Rules provides the withholding of the pension amount only when the pensioner is found to be guilty of grave misconduct, in the Departmental ... power to withhold or withdraw pension is permissible only when the pensioner is found to be guilty of grave misconduct and not that during
however, a distinction between 'misconduct' and 'grave misconduct'/and 'gravest acts of misconduct' expression used in the State of Punjab ... 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
part of pension is withheld or withdrawn, the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
Pension Rules. It will be impossible for the authorities to routinely issue provisional pension and withhold gratuity of a pensioner on a mere pendency ... many kinds of grave misconduct and that the explanation does not confine grave misconduct to only the type of misconduct described there. In the present
Pension) Rules 1972 and that a cut in
pension could only be imposed on the petitioner if there was a finding of
grave misconduct ... disciplinary authority has not
returned a finding that the misconduct proved is grave misconduct
and neither has the appellate authorities so found, no case
Bihar
Pension Rules (hereinafter to be referred as the Pension
Rules), the Department is unable to grant any pension to the
petitioner. We will refer ... Pension
Rules, the Department is unable to grant pension to the
petitioner. Rule 46 of the Pension Rules is as follows:
"46. No pension
Absence from duty--Whether `grave
misconduct'--Withholding of pension----Whether permissible.
Words & Phrases: `Grave misconduct'--Meaning of---Rule
8(5), Explanation ... either in departmental enquiry or judicial proceed-
ings that the pensioner committed grave misconduct or negli-
gence in the discharge of his duty while
part of any pecuniary loss caused to the employer in case of
misconduct as provided in section 4(6)(a) of the Payment of
Gratuity ... case he is found guilty,
and services are terminated for disorderly misconduct or act of
violence or offence involving moral turpitude committed during
the course
Civil Service Rules a pension can be withdrawn only if the pensioner bas been guilty of misconduct subsequent to his retirement. He next contends that ... Civil Service Rules, only enables a pension to be withdrawn if the pensioner had been guilty of misconduct subsequent to his retirement. The respondent
withholding pension is that there
should be a finding in departmental enquiry or
judicial proceeding that the pensioner
committed grave misconduct in the discharge ... right to pension is a
statutory right. The measure of deprivation of
his pension must be commensurate with the
gravity of misconduct as it offends
