K B DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner joined the State Government as a clerk in the Revenue Department and reached the post of Mamlatdar in the year 1965. The petitioner had put in 34 years service and was duly retired on 6/02/1972 on attaining superannuation. There is no dispute regarding the retirement of the petitioner on 6/02/1972

(2.) On 12/09/1972 the petitioner was served with chargesheet for alleged delinquences committed by him in the year 1968 when he was godown manager at Navsari. Various charges had been levelled against him among which it waS pointed out that he had occasioned loss of Rs. 777.74 to the Government.

(3.) The petitioner denied the charges and contended that since he has retired in February 1972 the Collector was not competent to initiate departmental proceedings against him. The only question which arises for my consideration is as to whether the State Government or the Collector who is the competent authority has any power to initiate departmental proceedings against the petitioner after his retirement. There is no doubt that the charge sheet was served for the first time on 12/09/1973 Mr. S. M. Mazgaonkar appearing For Mr. S. N. Shelat learned advocate appearing on behalf of the petitioner relied upon rule 189-A of the Bombay Civil Services Rules (hereinafter referred to as `BCSR) which being relevant is reproduced as under: 189 The Governor reserves 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 of judicial proceeding the pensioner is found guilty of grave misconduct or negligence during the period of his service including services rendered upon re-employment after retirement: Provided that .