KAILASH PRASAD DEO,J. - (1.) Connect L.P.A. No. 706 of 2018 with the instant case as common issues are involved.
(2.) Learned counsel for the appellant Corporation submits that under Chapter IX General Conditions of the Life Insurance Corporation of India (Employees) Pension Rules, 1995, employer can withhold gratuity and final pension and disciplinary proceeding can continue after superannuation. Learned Single Judge has however refused to interfere in the charge-sheet issued against the writ petitioner who had procured employment on the basis of false caste certificate.
(3.) Relevant provisions of Chapter IX of the Life Insurance Corporation of India (Employees) Pension Rules, 1995 are quoted hereunder: GENERAL CONDITIONS "42. Pension subject to future good conduct - Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules. 43. Withholding or withdrawal of Pension - The Competent Authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct: Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the minimum pension per mensem payable under these rules. 44. Conviction by Court - Where a pensioner is convicted of a serious crime by a Court of Law, action shall be taken in the light of the judgement of the court relating to such conviction. 45. Pensioner guilty of grave misconduct - In a case not falling under rule 44 if the Competent Authority considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order, follow the procedure specified in regulation 39 of the Staff Regulations. 46. Provisional pension (1) An employee 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 are continued, a provisional pension, equal to the maximum pension which would have been admissible to him, would be allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the 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 etc, either permanently or for a specified period. (2) In such cases the gratuity shall not be paid to such an employee until the conclusion of the proceedings against him. The gratuity shall be paid to him on conclusion of the proceedings subject to the decision of the proceedings. Any recoveries to be made from an employee shall be adjusted against the amount of gratuity payable. Explanation - In this chapter (a) the expression 'serious crime' includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923); (b) the expression "grave misconduct" includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) (which was obtained while holding an office in the Corporation) so as to prejudicially affect the interests of the general public or the security of the State. 47. Commutation of pension during departmental or judicial proceedings - An employee against whom departmental or judicial proceedings have been instituted before the date of his retirement or a person against whom such proceedings are instituted after the date of his retirement, shall not be eligible to commute a fraction of his provisional pension, or pension, as the case may be, authorised under these rules, during the pendency of such proceedings. 48. Recovery of Pecuniary loss caused to the Corporation (1) The Competent Authority may withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, and order recovery from pension of the whole or part of any pecuniary loss caused to the Corporation if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence during the period of his service: Provided that the Executive Committee shall be consulted before any final orders are passed: Provided further that departmental proceedings, if instituted while the employee was in service, shall, after the retirement of the employee, 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 employee had continued in service: Provided also that no departmental or judicial proceedings, if not initiated while the employee was in service, shall be instituted in respect of a cause of action which arose or in respect of an event which took place more than four years before such institution. (2) Where the Competent Authority orders recovery of the pecuniary loss from the pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of the employee: Provided that where a 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 these rules. 49. Recovery of Corporation's dues - The Corporation shall be entitled to recover the dues to the Corporation on account of housing loans, advances, license fees, other recoveries and recoveries due to staff co- operative credit society from the commutation value of the pension or the pension or the family pension". Rule 43, 46 and 48 in particular are worthy to be taken note of. Rule 46(1) provides for payment of provisional pension during pendency of a departmental or judicial proceedings. As per Rule 46(2), gratuity is not payable until the conclusion of the proceedings against the employee. Rule 48 contemplates withholding or withdrawal of pension or a part thereof, whether permanently or for a specified period, and order recovery from pension of the whole or part of any pecuniary loss caused to the Corporation if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence during the period of his service. The second proviso thereof indicates that departmental proceedings can be continued after retirement of the employee. Rule 48(2) provides for the quantum of recovery of the pecuniary loss to be effected from the pension. ;