Bajinder Singh v. The Haryana State Agricultural Marketing Board And ANR
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CWP 2014 Bajinder Singh versus The Haryana State Agricultural Marketing Board and others
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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, in a departmental or judicial proceeding, the pensioner is found guilty of grave mis conduct or negligence during the period of his service, including service rendered upon re employment after retirement:
Provided that-
(1) Such departmental proceedings, 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 article 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;
(2) Such departmental proceedings, 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 Government;
(ii) shall not be in respect of any event which took place more than four years before such institution; and (iii) shall be conducted by such authority and in such place as the Government 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.
(3) No such judicial proceedings, 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 four years before such institution; and The Public Service Commission should be consulted before final orders are passed.
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(1) The Appointing Authority reserve the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of
6 ordering the recovery from a pension to make good of the whole or part of any pecuniary loss, if any, caused to Government, if the pensioner is found in departmental or judicial proceedings, to have─ (a) been guilty of grave misconduct or negligence committed by him but there is no pecuniary loss to Government; or (b) caused pecuniary loss to Government by misconduct or negligence; during his service including service rendered on re employment after retirement:
Provided that the Haryana Public Service Commission or Haryana Staff Selection Commission or any other approved Recruitment Agency, as the case may be, shall be consulted before final orders are passed:
Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension prescribed from time to time.
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Pensionary benefits shall be withheld if departmental proceedings under rule 8 of Haryana Civil Services (Punishment and Appeal) Rules, 2016 involve any financial loss to Government are pending at the time of retirement.
(2) (a) The departmental proceedings referred to in sub rule (1), if instituted while the Government employee was in service whether before his retirement or during his re
employment, shall, after the final retirement of the Government employee, 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: (b) The departmental proceedings, if not instituted while the Government employee was in service, whether before his retirement, or during his re employment,-
(i) shall not be instituted save with the sanction of the Government, (ii) shall not be in respect of any event which took place more than four years before such institution, and (iii) shall be conducted by such authority and at such place as the Government 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 Government employee during his service".
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