- (1.) HEARD the learned counsel for the petitioner and the learned standing counsel appearing for the State. The petitioner has filed the present writ petition for the quashing of the order dated 17.11.2008, passed by the Collector, Allahabad recommending deduction of 50% of his pension for a period of 5 years for causing loss to the State Exchequer for an incident which had taken place on 31.5.1996. The facts leading to the filing of this writ petition is, that on the basis of an incident dated 31.5.2001, a disciplinary proceeding was initiated against the petitioner. A charge sheet was issued on 1.12.2001 and a supplementary charge sheet was issued on 3.3.2003. The petitioner contested the charges levelled against the petitioner. The inquiry officer submitted his report. In the meanwhile, before any order could be passed on the basis of the inquiry report, the petitioner retired in the year 2007. The Collector, by the impugned order dated 17.11.2008, recommended a deduction of 50% of his pension for a period of 5 years. The State Government considered the matter and issued an order dated 31.1.2010 directing stoppage of 10% of the pension for a period of 5 years instead of 50%. The petitioner, being aggrieved, by the aforesaid orders, has filed the present writ petition.
(2.) The only contention raised by the learned counsel for the petitioner is, that under Regulation 351-A of the Civil Service Regulations, no proceeding could be initiated against the petitioner after the expiry of four years from the date of the incident. The petitioner contends, that the incident occurred on 31.5.1996 and a charge sheet was served on 30.7.2001, after the expiry of four years, and consequently, under Regulation 351-A, these proceedings were barred and therefore, the entire order was without jurisdiction and was liable to be quashed. In support of his submission the learned counsel has placed reliance upon a decision of a Division Bench of this Court in Ram Rakhan Singh vs. State of U.P. and others, 2008(2)ESC 821 (All.)(DB).
(3.) For facility Regulation 351-A of the Civil Service Regulations is extracted hereunder: "351-A. 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 or 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 reemployment - 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, UP shall be consulted before final orders are passed. (Provided further that if the order passed by the Governor relates to a case dealt with under the Uttar Pradesh Disciplinary Proceedings (Administrative Tribunal) Rules, 1947, it shall not be necessary to consult Public Service Commission.) 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 (b) judicial proceedings shall be deemed to have been instituted : (i) in the case of criminal proceedings, on the date on which 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." ;