S.J. Mukhopadhaya, J. - (1.) The writ petition has been preferred by petitioner against the disciplinary proceeding stated to have been initiated against the petitioner after his retirement vide Memo No. NIFFT/D-20/KSJ/2002 dated 20.3.2002.
(2.) The ground taken by the petitioner to assail the departmental proceeding is that the proceeding cannot be initiated to punish the petitioner, nor penal order withholding the retiral benefits such as pension/gratuity can be passed after retirement of petitioner in respect of an event of the year 1988.
(3.) According to counsel for the respondent National Institute of Foundry and Forge Technology, Ranchi (NIFFT) for short), the proceeding was initiated while the petitioner was in service vide show cause notice No. NIFFT/D-20/KSI/2001 dated 26.4.2001. Such proceeding should be deemed to be continuing as per Rule 9 of CCS (Pension) Rules as applicable to the employees of NIFFT. It was brought to the notice of the Court by the counsel for the NIFFT that the CCS (Pension) Rules was made applicable to the employees of NIFFT, Ranchi vide Government of India, Ministry of Human Resources Development (Department of Education) Letter No. F. 7- 16/85-1-2, dated 17.2.1986. It was adopted by the Board of Governors of NIFFT as circulated vide No. NIFFT/B-1/85-6197, dated 10.10.1990. The counsel submitted that the proceeding having initiated during the period the petitioner was in service, it will deem to be continuing and if the petitioner is found guilty, penal action such as withholding of pension may be passed under Rule 9 of CCS (Pension) Rules.;