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Retired officials can’t speak out, violaters to lose pension

Thursday, 03 June 2021 | Rakesh K Singh | New Delhi

Central Civil Services (Pension) Amendment Rules come into effect

The Personnel Ministry has issued a Gazette notification barring retired Government servants of any intelligence or security-related organisations from publishing anything related to their “domain” without prior permission from the competent authority.

The new insertions in the Central Civil Services (Pension) Amendment Rules 2020, notified on May 31, 2021, require the officials in these agencies to sign an undertaking to the effect and in case of violations their pensions can be withheld or withdrawn completely.

The intelligence or security-related organisations that are exempt under the Right to Information Act are covered under the new pension rule.

The agencies covered under the notification include RAW, IB, DRI, CEIB, ED, NCB, ARC, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, SSB, DG Income Tax (investigation), NTRO, FIU, SPG, DRDO, Border Road Development Organisation, NSC, CBI, NIA and Natgrid.

The material that cannot be published by retired officials without prior clearance from the heads of these agencies includes “domain of the organisation, including any reference or information about any personnel and his designation, and expertise or knowledge gained by virtue of working in that organisation.”

Materials categorised as “sensitive, 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” will also be barred to be published by retired officials of these agencies.

“The Head of the Organisation shall vest with the authority to decide as to whether the proposed material for publication is sensitive or non-sensitive and whether it falls in the domain of the organisation,” the notification said.

A retired IPS official who had served in a few of the security agencies like the CRPF and BSF said, “Its virtually a gag order to restrain retired officials from speaking against the policies of the government of the day for failures on the security or intelligence fronts and even covering up corruption.”

The official, who did not wish to be named, expressed his anger, saying, “ There are certain administrative mischiefs on which you cannot speak in a civilized language.”

Another retired top cop who has served as police chief both in States as well as at least one security agency covered in the notification said, “The provisions of the Official Secrets Act and other relevant penal offences already apply to public servants, both serving as well as retired, and the notification is part of the government’s bid to stifle voices of dissent.” He also did not wish to be named fearing trouble.

Another official, however, said similar provisions are there in other countries like Israel to check leakage of sensitive information related to security and intelligence

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