- (1.) Leave granted.
(2.) We have heard learned counsel on both sides. This appeal by special leave arises from the order of the High Court of Allahabad, made on December 2, 1993 in Civil Misc. Writ Petition No. 29951 of 1993. The admitted position is that before departmental enquiry was initiated against the respondent for embezzlement of Rs. 2,47,779/-, on his attaining the age of superannuation on March 31, 1987, he was allowed to retire from service. The departmental proceedings thereafter were initiated against him. F.I.R. was lodged and investigation is stated to be in progress. No such rule to continue the proceedings after retirement as is in vogue in some State or Central Service Pension Rules, is in operation. So the action of departmental proceedings cannot be continued. There would be no impediment to have the investigation into the offences continued. However, when pension was not paid to him it came to be challenged in the High Court in the above writ petition which the High Court has allowed it and has directed to pay the pension. Thus this appeal by special leave.
(3.) The only provision brought to our notice is Rule 351-A which reads as under:- "The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole part of any pecuniary loss caused to Government, if the pensioner is found in departmental or judicial proceedings to have been guilty of grave misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement: Provided that (a) such departmental proceedings, if not instituted while the officer was on duty either before retirement or during re-employment - i) shall not be instituted save with the sanction of the Governor. ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings, and iii) shall be conducted by such authority and in such place or places as the Governor may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made. b) judicial proceedings, if not instituted while the officer was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause (ii) of clause (a) and c) the Public Service Commission, U.P., shall be consulted before final orders are passed. Explanation - For the purpose of this article - a) departmental proceedings shall be deemed to have been instituted when the charges framed against the pensioner are issued to him, or if the officer has been placed under suspension from an earlier date, on such date; and i) in the case of criminal proceedings, on the date on which a complaint is made, or a charge sheet is submitted, to a criminal Court; and ii) in the case of civil proceedings, on the date on which the plaint is presented or, as the case may be, an application is made, to a civil Court. Note:- As soon as proceedings of the nature referred to in this article are instituted the authority which institutes such proceedings shall without delay intimate the fact to the Audit Officer concerned." ;