Gurmeet Singh v. State Of Punjab




        

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  (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 departmental or

judicial proceedings, the pensioner is found guilty of grave misconduct or negligence, during his service including service rendered on reemployment after retirement.

Provided that─

(3) No such judicial proceedings, if not instituted while the officer was in service whether before the retirement or during his 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.

 For the purpose of this rule (a) A departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the officer or pensioner, or if the officer has been placed under suspension from an earlier date, on such date; and (b) A judicial proceedings shall be deemed to be instituted:

(i)In the case of criminal proceeding, on the date on which the complaint or report of the police officer on which the Magistrate takes cognizance, is made; and (ii)In the case of civil proceeding, on the date of presentation of the plaint in the court."

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 !"!!# (i)The Punjab Civil Services (Punishment and Appeal), Rules 1970, shall apply to the members. The departmental action against retired employees shall be taken as provided in Punjab C.S.R. VolumeII Rule 2.2 (b). Amendment provided vide RCS letter No. 1746, dated 11.02.2005.

3Authority empowered to impose penalty and appellate authority in respect of categories of posts in service shall be as specified against that category in Appendix III."

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