I don’t have a copy of the relevant Rajasthan Rules, but generally such rules are similar to the rules of the Central Government. Therefore, I am quoting from the Central Government Rules.
As per Rule 9 of the Central Civil Services (Pension) Rules, 1972, the Government has the right of withholding a pension, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service.
The above rule further provides that the departmental proceedings instituted while the Government servant was in service shall be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service.
However, the departmental proceedings, if not instituted while the Government servant was in service, shall not be in respect of any event which took place more than four years before such institution.
In your case, you have mentioned that the departmental proceedings have been initiated just before your retirement. Therefore, legally speaking, such departmental proceedings may be permissible and even the temporary withholding of the pension may also be permissible legally. However, the fact that the departmental proceedings have been started for an alleged default that took place 12 years ago, raises questions of gross delay in ordering such enquiry. The fact that it has been done just before the retirement, makes it more objectionable. There are judgments of the courts wherein departmental proceedings started after such long delays have been held to be objectionable and quashed. So, you may consult some local lawyer at your place and, if so advised, consider approaching the appropriate court or tribunal (having jurisdiction) for quashing of the departmental proceedings.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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