Railway Services (Pension) Amendment Rules, 2024: Gazette Notification dated 24.06.2024
Railway Services (Pension) Amendment Rules, 2024: Gazette Notification dated 24.06.2024
MINISTRY OF RAILWAYS
(Railway Board)
NOTIFICATION
New Delhi, the 24th June, 2024
G.S.R. 346(E). – In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Railway Services (Pension) Rules, 1993, namely:-
1. Short Title and Commencement.– (1) These rules may be called the Railway Services (Pension) Amendment Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Railway Services (Pension) Rules, 1993, for rule 9, the following shall be substituted, namely:–
“9. Power to withhold or withdraw pension.- (1) (a) The President, in the case of a pensioner who retired from a post for which the President is the appointing authority;
(b) the Railway Board, in the case of a pensioner who retired from a post for which an authority subordinate to the President is the appointing authority,
may, by order in writing, withhold a pension or gratuity, or both, either in full or in part, or withdraw a pension in full or in part, whether permanently or for a specified period, and order recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental proceedings or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement :
Provided that the Union Public Service Commission shall be consulted before any final orders are passed by the President under this sub-rule:
Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 69.
(2) (a) The departmental proceedings referred to in sub-rule (1), if instituted while the railway servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the railway servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the railway servant had continued in service:
Provided that where the departmental proceedings are instituted by an authority subordinate to the Competent Authority to pass order under sub-rule (1), that authority shall submit a report recording its findings to the said competent authority.
(b) Notwithstanding anything contained in sub-rule (1) and clause (a), the departmental proceedings instituted under rule 11 of the Railway Servants (Discipline and Appeal) Rules, 1968, while the railway servant was in service and continued after retirement, shall have no effect on the pension and gratuity of the pensioner.
(c) The departmental proceedings, if not instituted while the railway servant was in service, whether before his retirement, or during his re-employment, –
(i) shall not be instituted except with the sanction of the authority competent to pass order under sub-rule (1) in Format 1;
(ii) shall not be instituted in respect of any event which took place more than four years before such institution; and
(iii) shall be conducted by such authority in such place as the authority competent to pass order under sub- rule (1), may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the railway servant during his service:
Provided that for the purpose of instituting departmental proceedings under this sub-rule, a memorandum of charges shall be communicated to the pensioner concerned in Format 2.
(d) where a full-fledged inquiry is conducted giving an opportunity to the such railway servant to show cause during the proceedings in accordance with the Railway Servants (Discipline and Appeal) Rules, 1968, any further opportunity to show cause would not be necessary before taking action in same matter under sub-rule (1).
(3) In the case of railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings instituted under rule 9 of the Railway Servants (Discipline and Appeal) Rules, 1968 are continued under sub-rule (2), a provisional pension as provided in rule 10 shall be sanctioned.
(4) Where the authority competent to pass order under sub-rule (1) decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a railway servant.
(5) (a) No appeal shall lie against any order made by the President under this rule.
(b) An appeal against an order under sub-rule (1), passed by an authority other than the President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.
(6) The President may at any time, either on his own motion or otherwise call for the records of any inquiry and revise any order made under these rules, after consultation with the Union Public Service Commission, and may confirm, modify or set aside the order; or remit the case to any authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case or pass such other order as he may deem fit:
Provided that no order enhancing the amount of pension or gratuity to be withheld or withdrawn, shall be made by the President unless the railway servant concerned has been given an opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission.
(7) The President may at any time, either on his own motion or otherwise review any order passed under these rules, where extenuating or special circumstances exist to warrant such review or when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:
Provided that no order enhancing the amount of the pension or gratuity to be withheld or withdrawn, shall be made by the President unless the railway servant concerned has been given an opportunity of making a representation against the order proposed and except after consultation with the Union Public Service Commission.
Explanation.- For the purpose of this rule,-
(1) (a) the departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Railway servant or pensioner, or if the railway servant has been placed under suspension from an earlier date, on such date; and
(b) the judicial proceedings shall be deemed to be instituted, –
(i) in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognisance, is made; and
(ii) in the case of civil proceedings, on the date the suit is filed in the court.
(2) the expression “misconduct” means any act done or omitted to be done by the pensioner, during the period of service, including service rendered upon re-employment after retirement, and which was in violation of any provisions of the Railway Services (Conduct) Rules, 1966, for which action under Railway Servants (Discipline and Appeal) Rules, 1968 could be taken during the period of service.
(3) the action under sub-rule (1) may be taken, if the pensioner is found guilty of,-
(i) any corrupt practices during service;
(ii) any misconduct whether in relation to the performance of official duty or otherwise; and
(iii) any misconduct whether resulting in pecuniary loss to the Government or otherwise.
(4) the expression “civil proceedings” mean such proceedings in respect of a civil suit filed by the Government only.”
3. In the Railway Services (Pension) Rules, 1993, for rule 10, the following rule shall be substituted, namely:–
“10. Provisional Pension where departmental or judicial proceedings may be pending.–(1) (a) in respect of a railway servant referred to in sub-rule (3) of rule 9, the Accounts Officer shall authorise the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the railway servant, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.
(b) the provisional pension shall be authorised by the Accounts Officer during the period commencing from the date following the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.
(c) no gratuity shall be paid to the railway servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon.
(d) the provisions of this rule shall not be applicable where allegations of misconduct are under investigation against a railway servant or where departmental or judicial proceedings are contemplated against a railway servant but have not actually been instituted or deemed to have been instituted in accordance with explanation to rule 9, till the date of retirement of the railway servant and the pension and gratuity in such cases shall be authorised to be paid to the railway servant on his retirement in accordance with rule 85:
Provided that any departmental proceedings instituted after retirement of the railway servant shall be subject to the provisions of sub-rule (2) of rule 9.
(2) payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such railway servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.”
4. In the Railway Services (Pension) Rules, 1993, after form 21, the Formats shall be inserted, namely:–
FORMAT 1
(See Rule 9)
Sanction for instituting departmental proceedings after retirement
No……………………….
Government of India
Ministry of Railways
(Railway Board)
Dated the………………………………
ORDER
WHEREAS it has been made to appear that Shri/Smt./Km ……………………………………….while serving as………………….in the Ministry/Department………………………from …………. ……. ……..to………………………….was …………………….(here specify briefly the imputations of misconduct or misbehaviour in respect of which it is proposed to institute departmental proceedings):
NOW, THEREFORE, in exercise of the powers conferred on him by sub-clause (i) of clause (c) of sub-rule (2) of rule 9 of the Railway Services (Pension) Rules, 1993, the [President/Railway Board]* hereby accords sanction for institution of the departmental proceedings against the said Shri/Smt./ Km ………………………………
The [President/Railway Board]* further directs that the said departmental proceedings shall be conducted in accordance with the procedure laid down in rules 9 and 10 of the Railway Servants (Discipline and Appeal) Rules, 1968, by ………………………….(here specify the authority by whom the departmental proceedings should be conducted) at …………………….. (here specify the place at which the departmental proceedings would be conducted).
By order and in the name of the [President/Railway Board]*
———————————————
(Name and designation of the Competent Authority)
* Whoever is the Competent Authority
No……………
Copy forwarded to Shri/Smt./Km……………………………………..
Copy also forwarded to Shri/Smt.Km………………………………..
FORMAT 2
(See Rule 9)
Memorandum for instituting departmental proceedings after retirement
No……………………….
Government of India
Ministry of Railways
(Railway Board)
Dated the……………….
MEMORANDUM
In pursuance of the sanction accorded by the [President/Railway Board]* under sub-rule (1) of rule 9 of the Railway Services (Pension) Rules, 1993, for instituting departmental proceedings against Shri/Smt./Km………………………., vide Ministry/Department of………………………..Order
No………………………………., dated,……………………………it is proposed to hold an inquiry against the said Shri/Smt./Km………………….. in accordance with the procedure laid down in rules 9 and 10 of the Railway Servants (Discipline and Appeal) Rules, 1968. The enquiry shall be conducted by………………………….(here specify the authority by whom the departmental proceedings are to be conducted in accordance with the sanction of the [President/Railway Board]*) at ………………………….. (here specify the name of the place where proceedings are to be conducted).
2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures III and IV).
3. Shri/Smt./Km………………………….is directed to submit within ten days of the receipt of this Memorandum a written statement of his/her defence and also to state whether he/she desires to be heard in person.
4. He/she is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He/she should, therefore, specifically admit or deny each article of charge.
5. Shri/Smt./Km. ……………………………is further informed that if he / she does not submit his/her written statement of defence on or before the date specified in para 3 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of rules 9 and 10 of the Railway Servants (Discipline and Appeal) Rules, 1968, or the orders/directions issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him/her ex parte.
6. The receipt of this Memorandum may be acknowledged.
By order and in the name of the [President/Railway Board]*
…………………………………………………
(Name and designation of the Competent Authority)
* Whoever is the Competent Authority
To
Shri/Smt./Km………………………………………
……………………………….
ANNEXURE – I
Statement of articles of charge framed against Shri/Smt./ Km………………………………………….. (name of the retired Railway servant) formerly…………………………………
Article – I
That the said Shri/Smt./Km………………………………………while functioning as …………………… ……………. during the period………………..
Article – II
That during the aforesaid period and while functioning in the aforesaid office, the said Shri/Smt./Km………………………………
Article – III
That during the aforesaid period and while functioning in the aforesaid office, the said Shri/Smt./Km…………………………….
ANNEXURE – II
Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Shri/Smt./Km……………….. (name of the retired Railway servant) formerly………………………………..
Article – I
Article – II
Article – III
ANNEXURE – III
List of documents by which the articles of charge framed against Shri/ Smt./Km.
…………. ………….. ………….. (name of retired Railway servant) formerly………………………….are proposed to be sustained.
ANNEXURE – IV
List of Witnesses by whom the articles of charge framed against Shri/ Smt./Km. ………………………… (name of the retired Railway servant) formerly………………………………….are proposed to be sustained.
[F. No. 2023/F(E)III/PN1/1]
BANDANA SHARMA, Executive Director
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide S.O. 930(E), dated 3rd December, 1993 and was last amended vide G.S.R.110, dated the 17th June, 2016.
Comments