ANDHRA PRADESH REVISED PENSION RULES, 1980 (As ... - APHB

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due to his negligence or misconduct while he was in service, is established,
the samecan be recovered from terminal benefits admissible
to the legal heirs. The recovery in such cases shall be from the terminal
benefits i.e. Retirement Gratuity, Commuted Value of Pension,
Encashment of leave.
c) In cases of punishment of stoppage of increment without cumulative
effect, which could not be implemented due to lack of service, or otherwise,
the amount equal to the increments stopped, shall be recovered
from the Retirement Gratuity of the employee.
Provided that the Consultation with the Andhra Pradesh Public Service Commission
shall not be necessary for taking action under this sub-rule.
Executive Instructions
(i) Procedure to be followed to withhold or withdraw Pension:
According to Rule 9 of Revised Pension Rules, 1980, the State
Government reserves to themselves the right of withholding or withdrawing a
pension or part thereof, whether permanently or for a specified period, and of
ordering recovery from a pension of the whole or part of any pecuniary loss
caused, to the Government and to the local authority if, in any departmental or
judicial proceedings, the pensioner is found guilty of grave misconduct or
negligence during the period of his service, including service rendered upon
re-employment after retirement.
2. If departmental proceedings had been initiated against a Government
servant under the Andhra Pradesh Civil Service (Control, Classification and
Appeal) Rules while he was in service, including re-employment, the
proceedings will be deemed to be proceedings under Rule 9 of Revised
Pension Rules, 1980 and will be continued and concluded by the authority by
which they were commenced in the same manner as if the Government
servant had continued in service. In case, where departmental proceedings
had been initiated by an authority subordinate to Government, that authority
will submit a report recording its findings to the Government, as the power to
pass orders in such cases vests only with the Government under Rule 9 of
Revised Pension Rules, 1980.
3. If departmental proceedings had not been instituted while a
Government servant was in service including the period of his reemployment,
if any, proceedings can be instituted under Rule 9(2)(b) of Revised
Pension Rules, 1980 subject to the following: