The "All India Services (Death-Cum-Retirement Benefits) Rules, 1958" were amended in 2023 to bring about changes in the rules concerning pension discontinuation for government employees. The key points of this amendment are as follows:
Discontinuation of Pensions: The amendment grants the government the authority to suspend or cancel the pension of any government employee without requiring a court or tribunal order.
Empowerment of Centre: Under the new rules, the Central government now has the exclusive power to withhold or withdraw retirement benefits of officers who served in administrative, police, and forest services. This change eliminates the need for references from state governments, which was the practice before.
Amended Definitions of 'Grave Misconduct' and 'Serious Crime': The amendment introduces new definitions for 'grave misconduct' and 'serious crime'. 'Grave misconduct' now includes communication or disclosure of information covered by the Official Secrets Act, and a 'serious crime' includes any crime involving an offense under the Official Secrets Act.
Expansion of Withholding Authority: Earlier, the Central government could withhold or withdraw pension upon reference from the concerned State Government, in case of a pensioner's conviction after retirement. The amendment adds "or otherwise" after "...the State Government concerned," giving the Central government the power to act independently.
Finality of Decision: The amended rules emphasize that the decision of the Central government on withholding or withdrawing pension is deemed final.
Restrictions on Publishing Information: For those who served in Intelligence or security-related organizations, the amendment states that making any publication after retirement without prior clearance from the Head of the Organization would be unlawful. This includes sensitive information related to the organization's domain.
Government's Rationale: The government's perspective on this amendment is that it will help curb corruption and unlawful activities among government employees.
Employee Opposition: However, government employees have opposed this amendment, asserting that it infringes upon their rights. They are demanding the repeal of this amendment.
In essence, the 2023 amendment to the "All India Services (Death-Cum-Retirement Benefits) Rules, 1958" empowers the government to suspend or cancel the pensions of government employees without needing to involve a court or tribunal. While the government argues that this change will combat corruption and illegal activities, employees view it as a violation of their rights and are urging the government to reconsider the amendment.