8. Pension subject to future good conduct :
(1)(a) Future good conduct shall be an implied condition of every
grant of pension and its continuance under these rules.
(b) The pension sanctioning authority may, by order in writing,
withhold or withdraw a pension or part thereof, whether
permanently or for a specified period, if the pensioner is
convicted of a serious crime or is found guilty of grave
misconduct:
Provided that no such order shall be passed by an authority subordinate
to the authority competent to make an appointment to the post held by the
pensioner immediately before his retirement from service:
Provided further that where a part of pension is withheld or withdrawn,
the amount of such pension shall not be reduced below the limit specified in
sub-rule (5) of Rule 45.
(2) Where a pensioner is convicted of a serious crime by a Court
of law, action under sub-rule (1) shall be taken in the light of the
judgment of the Court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred
to in sub-rule (1) considers that the pensioner is prima facie
guilty of grave misconduct, it shall before passing an order
under sub-rule (1):-
(a) serve upon the pensioner a notice specifying the action
proposed to be taken against him and the ground on which it is
proposed to be taken and calling upon him to submit, within
fifteen days of the receipt of the notice or such further time not
exceeding fifteen days as may be allowed by the pension
sanctioning authority, such representation as he may wish to
make against the proposal, and
(b) take into consideration the representation, if any, submitted by
the pensioner under clause (a).
(4) Where the authority competent to pass an order under subrule
(1) is the Government, Andhra Pradesh Public Service
Commission shall be consulted before the order is passed. (5) An appeal against an order under sub-rule (1), passed by any
authority other than the Government shall lie to the Government
and the Government shall, in consultation with the Andhra
Pradesh Public Service Commission, pass such orders on
the appeal as it deems fit.
Explanation :- (a) The expression “serious crime” includes a crime involving
an offence under the Official Secrets Act, 1923 (Central Act 19
of 1923).
(b) The expression ‘grave misconduct’ includes the
communication or disclosure of any secret official code or
password or any sketch, plan, model, articles, note, document
or information, such as is mentioned in Section 5 of the Official
Secrets Act, 1923 (Central Act 19 of 1923) which was obtained
while holding office under the Government so as to prejudicially
effect the interests of the general public or the security of the
State.
Executive Instructions
Cases of convicted pensioners prompt intimation :-
The prosecuting officers and Treasury officers shall intimate promptly
about the cases, where pensioners are convicted to the concerned
administrative authorities/pension sanctioning authorities of the State
Government and Government of India in case of Central Pensioners to take
necessary further action.
(G.O.Ms.No.84, Fin & Plg (FW : Pen-I) Dept. dt 12-7-1999)