In a major overhaul, the central government has enacted significant amendments to the rules governing retirement benefits for officers belonging to the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS). The revisions, which come as a part of the amended All India Services (Death-cum-Retirement Benefits) Rules, 1958, empower the central government to take stringent action against pensioners, even in the absence of a reference from the respective state government.
Under the new provisions, the central government is authorized to withhold or withdraw pension if a pensioner is found guilty of grave misconduct or has been convicted of a serious crime, particularly one involving the Official Secrets Act. The Department of Personnel and Training (DoPT) issued a notification specifying that ‘grave misconduct’ encompasses the communication or disclosure of any document or information mentioned in the Official Secrets Act. Similarly, any offence under the Official Secrets Act is now considered a ‘serious crime.’
One of the key changes introduced is the removal of dependency on state government references for action against retired officials. Previously, the central government required a reference from the respective state government in cases of conviction. With the recent amendment, the rules now include the phrase “or otherwise” after “…the State Government concerned,” granting the central government autonomous authority to act if a pensioner is found guilty of grave misconduct or convicted of a serious crime.
The driving force behind this amendment was the need to address situations where state governments failed to send references for action against retired officials, even after they were convicted by courts of law. Such lack of cooperation from state governments hindered the central government’s ability to take appropriate action against the concerned officers, especially concerning All India Services officials.
Furthermore, the amended rules state that the central government’s decision regarding the withholding or withdrawal of pension shall be considered final, leaving no room for further appeals or reconsideration.
Additionally, the amendments introduce new provisions concerning the publication of sensitive information by officers who served in intelligence or security-related organizations. These officers must now seek prior clearance from the Head of the Organization before publishing any material related to the domain of the organization. This includes any reference or information about personnel and their designations, as well as any expertise or knowledge gained while working in that organization. Failure to adhere to this undertaking may lead to severe action, with such non-compliance being treated as grave misconduct. These measures have been put in place to ensure the integrity and confidentiality of sensitive information within these organizations.