Now Centre can withhold, withdraw pension of IAS, IPS, IFoS if convicted, without states’ nod

New Delhi: Now on Centre will not have to wait for the state governments’ nod to withhold or withdraw the pension of retired IAS, IPS (Indian Police Service) and IFoS (Indian Forest Service) if they are found guilty of ‘grave misconduct or convicted of a serious crime’.

The amended rules relating to retirement benefits empower the Centre to act against retired officials without the state governments having to refer for action, The Indian Express reported.

The amendment was released on July 6 in a notification on the All India Services (Death-cum-Retirement Benefits) Amendment Rules, 2023, the Department of Personnel and Training (DoPT).

As per the notification, the ‘grave misconduct’ includes disclosure or communication of ‘any document or information mentioned in the Official Secrets Act’, according to the report.

Furthermore, the ‘serious crime’ is defined as any crime involving an offence under the Official Secrets Act.

The report citing sources said that the 1958 All India Services (Death-cum-Retirement Benefits) Rules allowed the Central government to withhold or withdraw pension or any part of it in the event of reference from the state government or if the pensioner is convicted.

The new amendment, however, grants the Centre power to act without the reference of the state government.

In the event the state government fails to issue references, the Centre can initiate the process on its own.

It is believed to be aimed at overcoming a situation where state governments do not send reference to the Centre for action after an official is convicted by a court.

Hitherto the Centre often finds itself helpless being unable to take action without having reference from the state governments.

Meanwhile, the amended rules made it clear that the decision by Centre as regards withholding or withdrawing pension ‘shall be final’.