With a notification dated May 31, 2021, the Centre has amended its pension rules.
It has put new restrictions on officials of intelligence and security organisations after retirement.
What are the changes made?
The government has amended the CCS (Central Civil Services) Pension Rules-1972.
Amended Rule-8(3)(a) talks about officials retired from any intelligence or security-related organisation included in the Second Schedule of the RTI Act.
With the new provision, they are barred from writing anything about their organisation without permission.
[The Second Schedule of the RTI Act covers 26 organisations.
These include the Intelligence Bureau, R&AW, Directorate of Revenue Intelligence, CBI, NCB, BSF, CRPF, ITBP and CISF.]
What are the existing provisions after retirement?
Pension - The pension of government servants is already subject to their good conduct after retirement.
The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof.
This applies 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 sensitive information obtained while holding office.
Employment - Rule 26, Death-cum-Benefits Rules, restricts a pensioner from any commercial employment for one year after retirement.
This cooling-off period was 2 years until 2007, when an amendment reduced it to one year.
Exceptions are allowed with previous sanction of the central government.
Non-compliance may have implications on receiving pensions.
What are the restrictions while in service?
The CCS (Central Civil Services) Conduct Rules deal with this.
Rule 7 restricts government servants from resorting to or abetting any form of strike or coercion.
Rule 8 restricts them, except with government sanction, from owning or participating in the editing or management of any newspaper.
It applies to other periodical publication or electronic media as well.
They can publish book or participate in public media.
But, they shall at all such times clarify that the views expressed are their own and not that of the Government.
Rule 9 restricts them from making statements or opinion that adversely criticize any current or recent policy or action of the Central Government or a State Government.
Rule 9 of the CCS Pension Rules deals with any government official committing any misconduct and retiring.
In that case, he or she may face departmental proceedings only until 4 years of the date of committing that misconduct.
What about involvement in political activity?
While in service - The Conduct Rules bars government servants from being associated with any political party or organisation.
They can also not take part or assist any political activity.
Every government employee shall at all times maintain political neutrality.
After retirement - There is no rule to stop them from joining politics after retirement.
In 2013, the Election Commission wrote to the DoPT and Law Ministry in this regard.
It suggested a cooling-off period for bureaucrats joining politics after retirement.
But this was rejected, saying "it may not stand the test of valid classification under Article 14 of the Constitution."
Why is the amendment now?
Some high-profile retired officers had written books on their tenure as officials.
Some of these had revealed some confidential information.
The move was thus prompted by concerns arising out of these.
The Committee of Secretaries recommended, and the amendment was in process for around 4 years.
It was approved recently and notified on May 31, 2021.
