S.S.SUDHALKAR,J. - (1.) The petitioner was working as Junior Engineer with the respondents. He retired on 31.12.1998. Two charge sheets were issued against the petitioner on 29.12.1998 and 30.12.1998, annexures P/6 and P/7, respectively. The first charge sheet includes the charge of not handing over the charge of the store of the section which resulted a shortage of store amounting to Rs. 61,782/-. The second charge sheet includes the charge of not handing over the charge properly when he was transferred causing loss amounting to Rs. 3786.92. The punishment orders are at Annexures P/8 and P/10. By order annexure P/8, dated July 2, 1999, recovery of Rs. 3786.92 was ordered to be made while by order dated 26.10.1999, annexure P/10, Rs. 61782/- alongwith interest was ordered to be recovered. It is mentioned in the orders that the charge sheets were given to the petitioner but he has chosen not to file reply. Learned counsel for the petitioner argued that the amount could not be recovered after retirement and that though the charge sheets were given, no departmental enquiry was carried out. The charge sheets were for enquiry against the petitioner, under rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987. The rule envisages the enquiry before imposition of major penalty. So far as minor penalty is concerned, the rule is Rule 8. For imposing minor penalty, adequate opportunity of making representation is to be given.
(2.) In the present case, the petitioner did not reply to the charges against him. It may be noted that recovery of the pecuniary loss, caused by negligence or breach of orders, is a minor penalty provided at Sr. No. (1)(iv) in Rule 4 of the Punishment and Appeal Rules, applicable to the State of Haryana. It is also not disputed in this case that no departmental enquiry as provided for major penalty was carried out.
(3.) Learned counsel for the petitioner argued that the petitioner having been retired, only rule 2.2(b) of the Punjab Civil Services Rules, Vol. II (as applicable to the State of Haryana) shall be applicable for recovering the amount for pension. Rule 2.2(b) reads as under :- "Rule 2.2(b) The Government further reserve to themselves 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 :- (1) x x x (2) x x x (3) x x the Public Service Commission shall be consulted before final orders are passed." ;