“33. R.1 to Part III of the KSR begins with the entitlement of pension of all employees to whom the service rules apply. R.2 stipulates that future good conduct shall be an implied condition of every grant of a pension and there is entitlement to withhold or withdraw a pension or part thereof whether permanently or for a specified period. In terms of R.2(b), where a pensioner is convicted of a serious crime by a Court of law, action under clause (a) shall be taken in the light of the judgment of the Court relating to such conviction. In the facts of the case it can hardly be said that the conviction on the ground of corruption would not be classified as a serious crime for a person holding a public post. In terms of clause (c) of R.2, in case of prima facie guilt of grave misconduct, a procedure has been prescribed to be followed, which includes as per clause (d) of R.2 consultation with the Public Service Commission. It is after the aforesaid Rules that R.3 commences where the Government reserves to themselves the right to withhold or withdraw a pension or any part of it, whether permanently or for a specified period, and all its ramifications. Certain protective provisions have been made even in that eventuality. This provision is applicable to pension is clarified by Note 2, as it is stipulated that the word 'pension' would not include DCRG. Thus, DCRG and pension have been dealt with as separate aspects. The three Notes are followed then by Rulings 1, 2, & 3.
