Varinder Kumar v. State Of Punjab And Others
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;XXX XXX XXX (b) 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 department or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence, during his service including service rendered on 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 and as if the officer had continued in service.
(2) Such departmental proceedings, if not instituted while the officer was in service whether before retirement or during his re-employment:- (ii) shall not be in respect of an event which took place not more than four years before the institution of such proceedings, 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."
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