RBE No. 194/2006: Show Cause Notice – To Pensioners

No.F(E)III/2004/PN1/42, dated 20.12.2006 

Sub: Issue of a show cause notice to the pensioner before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service.

1.     A copy of Department of Pension & Pensioners’ Welfare (DOP&PW)’s OM No.38/64/05-P&PW(A), dated 09.11.2006 is circulated for information and guidance. These instructions shall apply mutatis-mutandis on the Railways.

2.     DOP&PW’s OM dated 01.01.1987 referred to in the enclosed OM was adopted on the Railways vide Board’s letter No.F(E)III/87/PN1/5, dated 20.05.1987. CCS(CCA) Rules mentioned in the O.M. corresponds to Railway Servants (D&A) Rules.

Ministry of Personnel, Public Grievances and Pensions

Department of Pension and Pensioners’ Welfare

OM No.38/64/05-P&PW(A), dated 09.11.2005

OFFICE MEMORANDUM

Sub: Issue of a show cause notice to the pensioner before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service.

1.     As per this Department’s OM No.38/31/86-P&PW, dated 1st January, 1987 (GOI Decision No.4 below Rule 9 of CCS (Pension) Rules, 1972), when a full-fledged enquiry under CCS (CCA) Rules has been conducted and the person concerned has been given an opportunity to show cause in the proceedings, it is not necessary to give the pensioner concerned any further opportunity to show cause before imposing the cut in pension.

2.     The question whether a show-cause notice to the pensioner is necessary before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service, has been examined in consultation with Department of Legal Affairs and it has been decided that in order to meet the principles of natural justice, it is a pre-requisite to issue a show cause notice on the basis of conviction by the Court to the pensioner before imposing any cut in his pension for clear manifestation of principles of natural justice.

Download Railway Board Circular RBE No. 194/2006