Even without a referral from the state government, the government has the authority to take action against retirees and withhold...
Digital Desk: The Central Government has changed the laws governing pensions for IAS, IPS, and Indian Forest Service (IFoS) employees.
The government now has the authority to take action against retirees and withhold or revoke their pensions without the need for a referral from the state government. This may occur if the pensioners are determined to be guilty of serious misconduct or convicted of a serious crime.
The modified All India Services (Death-cum-Retirement Benefits) Rules, 2023, defined 'severe misconduct' as the communication or disclosure of any document or information included in the Official Secrets Act, based on a 6 July notification from the Department of Personnel and Training (DoPT).
Based on government sources, an earlier rule 3(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 states that the central government may withhold or withdraw a pension or any portion of it "on a reference from the State Government concerned if a pensioner is convicted after retirement."
The modified guidelines now include the phrase "or otherwise" following "the State Government concerned."
This means that the central government can take action against a pensioner without waiting for a referral from the state government, according to Indian Express, citing a DoPT source.
If a court finds a pensioner guilty of grave misconduct or convicted of a serious crime, the central government has the authority to act on its own.
If a state government fails to give references in specific circumstances, the central government may take action, according to an IE article quoting a state government source.
The rationale for this modification is that state governments frequently do not send retired officials for action, even after they have been convicted by the courts.
The Central and West Bengal governments have disagreed on how the Centre's laws on the deputation of All India Services employees should be applied.
Earlier, due to the framework of All India Services, the Central government frequently lacks the authority to take action against these personnel in the absence of a referral from the state governments.
The updated guidelines stress that the Central Government's decision to withhold or revoke the pension will be final.
A new rule specifies that no service member who has worked in any intelligence or security-related organisation after retirement may make any publication without prior approval from the Head of such Organisation.
According to a DoPT source referenced in the story, officials who reveal sensitive information through the media or books will face repercussions. A similar change was made to the pension rules for Central Civil Services in 2021.
Officers who worked in intelligence or security-related agencies will be required to sign a promise to follow new standards, and any refusal to do so on the part of a former member of the services "shall be treated as grave misconduct."
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