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Rule 6(1) of AIS (DCRB) Rules, 1958 - Pertains to the recovery of pension and gratuity when departmental or judicial proceedings are pending; it authorizes the government to recover amounts from pension if proceedings are ongoing or have not concluded 2025 Supreme(Online)(CAT) 3955.
Main Points and Insights:
In cases where disciplinary or judicial proceedings are pending, authorities may decide to recover pension or gratuity, or impose penalties like withholding a percentage of pension for specified periods 2025 Supreme(Online)(CAT) 10112.
Legal and Procedural Context:
The rules provide a framework for the government to act discretionarily, balancing the need for disciplinary action and pension rights 2024 Supreme(Online)(CAT) 17820.
Analysis and Conclusion:
References:- INDCT00000000808- INDCT00000055817- INDCT00000045490- INDCT00000101559- INDCT00000045438- INDCT00000094557- INDCT00000018220- INDCT00000076750- INDCT00000045288- INDCT00000058262
In the intricate world of All India Services (AIS) governance, questions about specific rules often arise, such as '
This blog post breaks down Rule 6(1), its procedural requirements, implications, and related context from AIS (DCRB) Rules. Note that this is general information based on legal interpretations and should not be considered specific legal advice—consult a qualified lawyer for personalized guidance.
This provision ensures a structured, transparent process, preventing arbitrary decisions. Key procedural safeguards include:- State Government Recommendation: The initiating step requires the State Government to formally recommend the extension.- Full Justification and Public Interest: The recommendation must be backed by detailed reasons demonstrating that the extension serves the public good 1977 0 Supreme(SC) 283.- Prior Central Government Approval: No extension is valid without explicit approval from the Central Government 2017 0 Supreme(Pat) 1512.
Without these elements, any purported extension would be unlawful, underscoring the rule's role in maintaining accountability in senior appointments.
The AIS (DCRB) Rules, 1958, broadly govern pension, retirement, and service conditions for AIS officers, including the Indian Administrative Service (IAS), Indian Police Service (IPS), and Indian Forest Service (IFS). Rule 6(1) fits within this framework by focusing on post-retirement or tenure extensions for pivotal roles like Chief Secretary.
A related document clarifies that the third proviso of Rule 16(1) permits extensions for up to six months on the recommendations made by the concerned State Government with full justification and in public interest with the prior approval of the Central Government2017 0 Supreme(Pat) 1512. This aligns closely with Rule 6(1), reinforcing that unilateral actions by the Central Government are not permissible.
In practice, this means:- Extensions beyond normal tenure (typically the age of superannuation) are exceptional.- The absence of a State recommendation or Central approval renders the extension invalid 2017 0 Supreme(Pat) 1512.
Other provisions in the AIS (DCRB) Rules provide broader context. For instance, Rule 5(1) addresses removal, dismissal, or resignation from service, potentially impacting pensionary benefits 2025 Supreme(Online)(CAT) 719. Similarly, Rule 16(3) deals with compulsory retirement in public interest 2024 Supreme(Online)(CAT) 15387, while Rule 16(2) covers voluntary retirement 2025 Supreme(Online)(CAT) 4157. These rules collectively ensure balanced service conditions.
Courts and authorities interpret Rule 6(1) as emphasizing mandatory prerequisites to curb misuse. The phrase full justification and in public interest leaves room for discretion but requires documented rationale. For example, extensions might be justified by ongoing critical projects, transition needs, or administrative continuity, always assessed case-by-case.
The rule's design promotes federal balance: States initiate based on local needs, while the Centre oversees for national consistency 1977 0 Supreme(SC) 283. This prevents arbitrary extensions, as seen in cases where proceedings post-retirement can still affect benefits under related rules like Rule 6 for pension recovery in pending disciplinary matters 2025 Supreme(Online)(CAT) 3955.
Note that Rule 6 has been referenced in contexts like pension withholding during judicial proceedings, where the government may recover amounts if proceedings are ongoing 2011 0 Supreme(Ori) 520. However, for Chief Secretary extensions, the focus remains on the recommendation-approval nexus.
For Chief Secretaries and State administrations:- Mandatory Documentation: Proposals must detail public interest benefits, such as expertise retention during crises.- Timeline Constraints: Extensions are typically limited (e.g., up to six months under related provisos) 2017 0 Supreme(Pat) 1512.- Legal Risks: Non-compliance could lead to challenges, invalidating the extension and affecting service records.
Broader AIS context includes options like one-time switches to old pension schemes for those under NPS 2023 Supreme(Online)(CAT) 3166, or handling voluntary retirement under Rule 16(2) 2025 Supreme(Online)(CAT) 4157. In compulsory retirement scenarios under Rule 16(3), public interest reviews are key 2025 Supreme(Online)(CAT) 11623.
Disciplinary angles add layers: Rule 6(1) in pension recovery contexts allows discretionary withholding pending proceedings, even post-retirement, provided fairness is maintained 2025 Supreme(Online)(CAT) 10112 2025 Supreme(Online)(CAT) 3955. Time-bars may apply to older cases, but ongoing matters can impact benefits 2024 Supreme(Online)(CAT) 14416.
Recommendations for compliance:1. Prepare detailed justifications highlighting public interest.2. Secure formal State recommendation before approaching the Centre.3. Maintain records for transparency, aiding potential audits or reviews 2017 0 Supreme(Pat) 1512.
Permanent absorption cases, like under Rule 5-A, require similar approvals 1999 0 Supreme(All) 970.
Rule 6(1) of the AIS (DCRB) Rules, 1958, establishes a robust framework for Chief Secretary tenure extensions, requiring State Government recommendation with full justification in public interest, plus prior Central approval 1977 0 Supreme(SC) 283 2017 0 Supreme(Pat) 1512. This safeguards against arbitrariness while enabling necessary continuities.
In the wider AIS ecosystem—encompassing retirement, pensions, and discipline—these rules promote equity and accountability. While interpretations evolve through cases, adherence ensures legal validity.
Key Takeaways:- State recommendation is non-negotiable.- Public interest must be demonstrably justified.- Central approval is the final gatekeeper.- Document everything for compliance.
Stay informed on AIS regulations to navigate service extensions effectively. For tailored advice, reach out to legal experts familiar with AIS (DCRB) Rules.
References:1. 1977 0 Supreme(SC) 283: Core text on Rule 6(1) for Chief Secretary extensions.2. 2017 0 Supreme(Pat) 1512: Third proviso of Rule 16(1) and procedural requirements.3. 2025 Supreme(Online)(CAT) 3955, 2025 Supreme(Online)(CAT) 10112: Pension recovery contexts.4. Additional: 2025 Supreme(Online)(CAT) 719, 2024 Supreme(Online)(CAT) 15387, 2025 Supreme(Online)(CAT) 4157, 2025 Supreme(Online)(CAT) 11623, 2023 Supreme(Online)(CAT) 3166, 2011 0 Supreme(Ori) 520.
#AISRules #ChiefSecretary #ServiceExtension
) Rules, 1958 (for short, AIS (DCRB) Rules, 1958). ... Rule 5(1) of the AIS (DCRB) Rules, 1958 reads as follows: “5. Removal, Dismissal or Resignation from Service. ... It is possible that the Government may, in the facts of a given case, decide not to deny pensionary benefits to the concerned person under Rule 5(#....
applicant from service under Rule in 16(3) of AIS (DCRB) Rules 1958. ... , and recommended for his compulsory retirement under the provisions of Rule 16(3) of AIS (DCRB) Rules, 1958. ... dated 28.06.2012, and recommended for his compulsory retirement under the Provisions of Rule 16 (3) of AIS (DCRB)....
The voluntary retirement was sought under Rule ● 16(2)of the AIS (DCRB) Rules, 1958. ... 16(2A) of AIS (DCRB) Rules, 1958 while in the present facts the provisions of Rule 16(2) would be applicable. ... During the interregnum, the applicant applied for VRS (Voluntary Retirement Scheme) on 23.12.2019 under Rule 16(2) of the All India....
Accordingly, the Review Committee recommended the retirement of the applicant from service in public interest under Rule 16(3) of the AIS (DCRB) Rules, 1958. ... 16(3) of AIS (DCRB) Rules and mentioned in para 7 and 8 of written statement (Annexure-A and B). ... 16(3) of AIS (DCRB) Rules and mentioned in para 7 and 8....
Nevertheless, when the applicant submitted a representation on 09.06.2017 seeking his retirement benefits, including gratuity, the respondent No. 2 rejected his request vide the impugned order dated 25.09.2017, citing Rule 5(1) of the AIS (DCRB) Rules, 1958. 1.3. Mr. ... As a result, the applicant is not entitled to any retirement benefits under Rule 5 read with #HL_STA....
from service under Rule 16(3) of AIS (DCRB) Rules. ... State Government reconsidered the case afresh under Rule 6(1) of AIS (DCRB) Rules, 1958 and proposed to UPSC vide letter dated 15.03.2013 the penalty "To withhold of 10% of the total pensionary benefits for a period of five (5) years"(Annexure A-6#HL_EN....
covered under NPS on joining Service on or after 01.01.2004, may be granted one-time option to be covered under the provisions of old pension scheme under AIS (DCRB) Rules, 1958. ... (BCRB) Rule 1958. ... Similar instructions were issued for the All India Services vide their OM No. 25011/02/2021-AIS-II (Pension) dated 13.07.2023. Para 3 and 6 of the same state as follows: “3. ... #HL_S....
Pursuant to our order dated February 07, 2023, the respondents have passed the order dated April 12, 2023, wherein they have not acceded to the request of the petitioner for grant of pension under Rule 5(1) of the AIS (DCRB) Rules, 1958. ... 5(1) of the said rules. ... It also said that the word "may" in Rule 5(1) plainly shows that t....
2025.10.15 6.12 Learned counsel reiterated that Rule 8(7) of the All India Services (Rules) Death-cum-Retirement Benefits have no bearing on the present case or invocation of Rule 7 (2) of the AIS (Leave) Rules, 1955, as Rule 8(7) of the Rules ... 16(2) of the All India Services (DCRB) Rules, 1998. ... So far as iss....
At the outset, for better appreciation of the case we reproduce Rule 6(1) of the AIS (DCRB) Rules, 1958 that deals with recovery of pension and gratuity where departmental or judicial proceedings may be pending. ... The short point that is to be decided, without adding or subtracting any word to the Rule 6(1) of the AIS#HL_E....
Rule 16-A of the AIS (DCRB) Rules states: “16-A Acceptance of date of birth: 16(1) Given that similarity, it was opined that “it would not be inappropriate” to apply the ratio of the decision in Union of India vs. Applying the said decision, the DoPT decided that the Petitioner’s request could not be acceded to. In a detailed note prepared by the DoPT, a comparison of the two rules i.e. Rule 16-A of the AIS (DCRB) Rules and Note 6 under FR-56 was undertaken.....
"If the payment of gratuity or death-cum-retirement gratuity has been authorized after three months from the date when its payment became due, and it is clearly established that the delay in payment was attributable to administrative lapses, interest at the rate prescribed by the Central Government from time to time shall be paid on the amount of gratuity or death-cum-retirement gratuity in respect of the period beyond three months." the petitioner had claimed for interest on the amount of gra....
However, in the present case, it is clear that the alleged incident had taken place in the year 1992 while the charge sheet was issued against the respondent after a lapse of almost 12 years in the year 2004 after his retirement. Thus clearly the provision of Rule 6 of the AIS (DCRB) Rules, 1958 cannot apply. 23rd January, 2001 and also since the proceedings under Article 311(2) (c) had been initiated in the year 1992 itself the same has to be deemed to have continued even af....
Rule 6 of the AIS (DCRB) Rules, 1958 was amended by Ministry of H.A. Notification No. 29/7/63-AIS (II), dated 25.03.1964. 5. At page 14 of the impugned order, the Learned Tribunal has quoted Rule 6 of the AIS (DCRB) Rules, 1958, which provides for recovery from pension. Thus, on the basis of such provision, Learned Tribunal came to the conclusion that the Rule 6 of the AIS (DCRB) Rules, 1958 confers power on the Central Government to withhold/forfeit the pen....
The Ministry of Environment and Forests vide letter No. A. 19011/17/90-IFS-1 dated 23rd /26th september, 1994 have conveyed approval of the Government of india for permanent absorption of the petitioner in the Council with effect from 1. 1. 1994 under provisions of Rules 5-A of AIS (DCRB)Rules, 1958.
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