SHIV KUMAR SHARMA,J. - (1.) THE petitioner seeks to quash the memo of allegation (Annex.3) as well as the punishment order dated 5.5.2000 (Annex.5) whereby the petitioner was punished in an enquiry initiated under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (for short '1958, Rules') and his 10% pension for period of 3 years was ordered to be withheld.
(2.) IT is not disputed that on the date of superannuation of petitioner i.e. 30.9.1993. an enquiry under Rule 17 of 1958 Rules was pending. The only question which requires consideration is whether on the eve of retirement of petitioner the Disciplinary Authority was competent to convert the enquiry from Rule 17 to Rule 16 of 1958, Rules. It will be useful at this juncture to refer to Rule 170 of Rajasthan Service Rules (for short 'RSR'), which reads thus: The governor further 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 in a departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re -employment: (a) provided that such departmental proceeding, if instituted while the office was in service, whether before his retirement or during his re -employment, shall after the final retirement of the officer, be deemed to be a proceeding under this rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service. (b) such departmental proceeding, if not instituted while the officer was in service, whether before his retirement or during his re -employment: (i) shall not be instituted save with the sanction of the Governor; (ii) shall not be in respect of any event which took place more than 4 years before such institution; and (iii) shall be conducted by such authority and in such place as the Governor may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation the officer during his service.
(3.) A look at the proviso (a) appended to Rule 170 of RSR demonstrates that on the eve of retirement of employee if departmental proceeding is pending, it will be continued and concluded by the Disciplinary Authority in the manner as if the employee had continued in service. The proviso (b) appended to Rule 170 of RSR provides that such departmental proceeding, if not instituted while the employee was in service, whether before his retirement or during his re -employment, it shall not be instituted save with the sanction of the Governor and it shall not be in respect of any event which took place more than 4 years before such institution.;