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defence services regulations pension regulations for the army

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80SUSPENSION DIS-CONTINUANCE OR WITH-HOLDING OF PENSIONUNDER REGULATIONS OF PENSION REGULATIONS FOR THE ARMY,PART-I (2008)104. In regard to cases covered by Regulations 8 and 28 of Pension Regulations <strong>for</strong><strong>the</strong> Army, Part-I (2008), <strong>the</strong> procedure shall be as under:.(a) Be<strong>for</strong>e passing orders regarding with-holding, sus<strong>pension</strong> or dis-continuanceof <strong>the</strong> whole or part of <strong>pension</strong> (including commuted value <strong>the</strong>reof which has not beenpaid) or gratuity (including Retirement/Death Gratuity), <strong>the</strong> competent authority shallserve upon <strong>the</strong> individual <strong>pension</strong>er, a notice specifying <strong>the</strong> action proposed to be takenand calling upon him to submit within 30 days of <strong>the</strong> receipt of <strong>the</strong> notice (or suchfur<strong>the</strong>r time not exceeding 30 days as may be allowed by <strong>the</strong> competent authority) suchrepresentation, as he may wish to make against <strong>the</strong> proposal.(b) Take <strong>the</strong> representation, if any, received during <strong>the</strong> prescribed period intoconsideration.(c) Having taken action as indicated at (a) and (b) above, <strong>the</strong> competent authorityshall decide and issue orders in writing to with-hold or suspend or dis-continue <strong>the</strong> wholeof <strong>pension</strong> and gratuity or part <strong>the</strong>reof indicating whe<strong>the</strong>r <strong>the</strong> orders in <strong>the</strong> case of<strong>pension</strong> shall apply permanently or only <strong>for</strong> a specified period.(d) An appeal against <strong>the</strong> decision of <strong>the</strong> competent authority in cases fallingunder Regulation 8 of Part-1 of <strong>the</strong>se Regulations can be made to <strong>the</strong> appellate authority.The appellate authority shall be <strong>the</strong> President in <strong>the</strong> case of Commissioned Officers and<strong>the</strong> GOC-in-C command in whose jurisdiction <strong>the</strong> Record Office of <strong>the</strong> individual islocated. In <strong>the</strong> case of Personnel Below Officer Rank <strong>the</strong> appeal shall be made through<strong>the</strong> Record Office concerned.(e) In <strong>the</strong> case of Personnel Below Officer Rank, <strong>the</strong> competentauthority/appellate authority shall consult <strong>the</strong> Principal Controller of Defence Accounts(Pensions) while passing final orders. In <strong>the</strong> event of difference of opinion between <strong>the</strong>seauthorities and <strong>the</strong> Principal Controller of Defence Accounts (Pensions), <strong>the</strong> matter shallbe referred to <strong>the</strong> Government of India.REDUCTION IN PENSION TO BE IN WHOLE RUPEES105. The reduction in <strong>pension</strong>, if effected, under any of <strong>the</strong>se Regulations applicable to<strong>the</strong> case, shall be in whole Rupees only so that <strong>the</strong> resultant <strong>pension</strong> may be paid in wholeRupees even after effecting reduction.Pension Regulations <strong>for</strong> <strong>the</strong> Army, Part II (2008)

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