Withholding of Pension -- Failure to Achieve Departmental Targets -- Withholding requires finding of grave misconduct warranting dismissal had employee continued in service
(i) Pension Rules, R.8 -- Withholding of Pension -- Failure to Achieve Departmental Targets -- Withholding of pension is permissible only where the pensioner is found prima facie guilty of grave misconduct, and the disciplinary authority must record a specific finding on the gravity of the misconduct and whether it would have warranted dismissal had the employee continued in service. Allegations of negligence or failure to achieve targets, without financial loss or corruption, do not amount to such misconduct. (ii) Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966 -- Disciplinary Enquiry -- Non-Supply of Public Service Commission Advice -- Advice obtained from the Public Service Commission must be supplied to the delinquent employee in advance of imposition of punishment, as it forms part of the material relied upon by the disciplinary authority. Failure to supply such advice vitiates the enquiry on the ground of violation of natural justice.
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