Madhavi Gaur
July 29, 2023 12:16
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The All India Services (Death-cum-Retirement Benefits) Rules, 1958, which govern the retirement benefits of IAS, IPS, and IFoS pensioners, have been recently amended by the Central government. The updated Rules in 2023 primarily target pensioners associated with intelligence or security-related organizations. Notably, significant changes have been introduced to the regulations overseeing retirement benefits for officials belonging to IAS, IPS, and IFoS.
These changes grant the central government the authority to take action against pensioners without requiring any input from the state government. This includes the power to withhold or withdraw pension benefits if a pensioner is found guilty of severe misconduct or convicted of a serious offense, especially those falling under the Official Secrets Act.
In this article we will have a look at the revised regulations of the Retirement Benefits 2023 for All India Services like IAS, IPS and IFoS Pensioners.
The Central government has recently made amendments to the All India Services (Death-cum-Retirement Benefits) Rules, 1958, which govern the retirement benefits of IAS, IPS (Indian Police Service), and IFos (Indian Forest Service) pensioners.
Updated to Rules 2023, the amendment primarily focuses on pensioners associated with intelligence or security-related organizations.
Notably, the central government has introduced noteworthy changes to the regulations that oversee retirement benefits for officials belonging to the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFoS).
These changes grant the central government the authority to act against pensioners, regardless of any input from the state government. This includes the ability to withhold or withdraw pension benefits in cases where the pensioner is found to have committed severe misconduct or has been convicted of a serious offense, particularly one falling under the Official Secrets Act.
On July 6, 2023, the Department of Personnel and Training (DoPT) released a notification stating that the term ‘grave misconduct’ now covers the sharing or revelation of any document or information listed in the Official Secrets Act. Furthermore, a ‘serious crime’ comprises any violation of the Official Secrets Act.
The revised All India Services (Death-cum-Retirement Benefits) Rules, 1958, have eliminated the need for state government references to take action against retired officials.
Before this amendment, the central government had to obtain a reference from the respective state government if a pensioner was convicted.
Now, the modified rules include the addition of the phrase “or otherwise” after “…the State Government concerned,” allowing the central government to independently take action if a pensioner is found guilty of serious misconduct or convicted of a grave offense.
The Centre can now take action against pensioners without relying on references from state governments in cases of grave misconduct or conviction for serious crimes.
If the state government fails to provide such references, the central government can initiate the action independently.
Officials of security and intelligence organizations who express sensitive information through media, books, or writings may face consequences under the amended rules.
The proposed changes could reduce the State’s political control over the bureaucracy, affecting effective governance and potentially leading to legal and administrative disputes. The amendments grant unrestricted power to the central government to act against retired officers.
The purpose behind this amendment was to tackle situations where state governments failed to provide references for action against retired officials, even after they were convicted by the courts.
The lack of cooperation from state governments posed difficulties for the central government in taking appropriate action against the concerned officers, particularly those in the All India Services.
Final Authority on Pension Withholding or Withdrawal
The revised rules now specify that the central government’s decision regarding withholding or withdrawing pension shall be considered conclusive.
The amended rules also introduce new provisions concerning the disclosure of sensitive information by officers who served in intelligence or security-related organizations.
Such officers are now required to seek prior clearance from the Head of the Organization before publishing any material related to the organization’s domain. This includes any reference or information about personnel and their positions, as well as knowledge or expertise gained while working in that organization.
Failure to adhere to this requirement may result in severe action, with potential consequences treated as grave misconduct.
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