KANTA BHATNAGAR,J. - (1.) IN this writ petition under Article 226 of the Constitution of India, petitioner Hari Ram has assailed the Order Annexure 1 5, dated November 9,1981 by which after his retirement, enquiry was ordered to be initiated under R.170 of the Rajasthan Service Rules, 1951 (for short the R.S.R,' hereinafter) and Chairman Board of Revenue, Ajmer was appointed as Disciplinary Authority. He has also challenged the chargesheet Annexure -3, statement of allegations Annexure -4 and the Notice Annexure -2 on the ground that there being no allegations against him for causing any pencuniary loss to the Government on account of any act or omission on his part, all these proceedings initiated after his retirement are invalid and the orders referred to above deserve to be quashed.
(2.) THE petitioner being in the cadre of Rajasthan Tehsildar Service was working as Assistant Settlement Officer when he was retired on January 30,1981. After a few months, it was proposed to take the proceedings against him because of certain irregularities in certain decisions taken by him. As such, vide Order Annexure -15 decision was taken to initiate enquiry against him under Section 170(b)(i) and under Clause [iii] of the R.S.R., Chairman Board of Revenue was appointed as Disciplinary Authority. As stated earlier, the Disciplinary Authority chargesheeted him for the various irregularities and the chargesheet was served with him along with Annexure -4, the statement of allegations. The pertinent point in the case would be whether the petitioner having been retired, provisions of R.1 70 of the R.S.R. is applicable in his case.
(3.) RULE 1 70 of the R.S.R. provides for recoveries of loss from the pension. It reads as under: 170. Recoveries of losses from the pension. - The Governor further reserves to himself the right of witholding 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 after retirement: (a) provided that such departmental proceeding, if instituted while the officer 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 department 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 to the officer during his service; (c) no such judicial proceeding, if not instituted while the officer was in service, whether before his retirement or during his re -employment, shall be instituted in respect of a cause of action which arose or an event which took place more than 4 years before such institution; and (d) The Rajasthan Public Service Commission shall be consulted before final orders are passed. ;