Central Civil Services (Pension) Amendment Rules, 2020

In News

Recently, the Centre has notified Central Civil Services (CCS) (Pension) Amendment Rules, 2020.

• It puts new restrictions on officials of intelligence and security organisations after retirement.

Existing Provisions

• The pension of government servants is subject to their conduct after retirement under the Rule 8 of the CCS Pension Rules.
• It holds that future good conduct shall be an implied condition of every grant of pension and its continuance and the appointing authority may, by order in writing, withhold or withdraw a pension or a 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.
  • The expression ‘grave misconduct’ includes the communication or disclosure of any secret official information obtained while holding office, so as to prejudicially affect the interests of the general public or the security of the state.

About the Amendment

• The act amended the Rule 8(3)(a) of the CCS Pension Rules, 1972.
• Under it, officials retired from certain intelligence and security establishments will not be allowed to write anything about their organisation without permission, including, 
  • Domain of the organisation, including any reference or information about any personnel and his designation and experience or knowledge gained by virtue of working in that organisation.
  • Sensitive information, the disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, or relation with a foreign state or which would lead to incitement of an offence.
• It covers intelligence or security-related organisations included in the Second Schedule of the Right to Information (RTI) Act 2005.
  • The Second Schedule covers 26 organisations including the Intelligence Bureau, Research and Analysis Wing, Directorate of Revenue Intelligence, Narcotics Control Bureau, Border Security Force, Defence Research and Development Organisation, Border Road Development Board, Financial Intelligence Unit, Central Bureau of Investigation, etc.

Rationale Behind the Amendment

• According to the Department of Personnel and Training (DoPT), the process has been going on for around four years after the recommendations by the Committee of Secretaries.
• The move was prompted by concerns around the books written by some high-profile retired officers on their tenure, revealing official information sometimes.

Impact

• This amendment to Rule 8 means that pension can be withheld or withdrawn if the pensioner disobeys the rules.
• This change in rules is likely to impact retired officials of security and intelligence organisations who write in newspapers and magazines or author books on their former organisations and experiences.

Restrictions for Government Employees During Service

• Rule 7 of the CCS Conduct Rules, 1964 restricts government servants from resorting to or abetting any form of strike or coercion.
• Rule 8 of the CCS Conduct Rules restricts them, except with government sanction, from owning or participating in the editing or management of any newspaper or other periodical publication or electronic media.
  • If they publish a book or participate in public media, they shall at all times make it clear that the views expressed by them are their own and not that of the Government.
• Rule 9 of the CCS Conduct Rules restricts a government servant from making statements of fact or opinion in writing or in a telecast or a broadcast which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State Government.
• Rule 9 of CCS Pension Rules, 1972 holds that if any government official has committed any misconduct and retires, he or she may face departmental proceedings only until four years of the date of committing that misconduct.
• The Conduct Rules bars government servants from being associated with any political party or organisation and from taking part or assisting any political activity.
  • An amendment in 2014 added a few clauses to Rule 3(1), one of which held that every government employee shall at all times maintain political neutrality and commit him/herself to and uphold the supremacy of the Constitution and democratic values.

Other Restrictions for Government Employees After Service

• Rule 26, of the All India Services (Death-cum-Retirement Benefits Rules) 1958, restricts a pensioner from any commercial employment for one year after retirement, except with previous sanction of the central government.
  • Non-compliance can lead the central government declaring that the employee shall not be entitled to the whole or such part of the pension and for such period as may be specified.
  • This cooling-off period was two years until 2007, when an amendment reduced it to one year.
• However, there are no rules to stop government servants from joining politics after their retirement.
  • In 2013, the Election Commission suggested a cooling-off period for bureaucrats joining politics after retirement, but the idea was rejected.
  • The Ministry of Law advised that any such restriction may not stand the test of valid classification under Article 14 (Equality before the law) of the Constitution of India.

Source: IE