GOVERNMENT OF TAMIL NADU Vs. G KALYANAM

JUDGEMENT

(1.) RAMANUJAM, J.: The scope and ambit of rule 9 of the Tamil Nadu Pension Rules has come up for consideration in this appeal.

(2.) THE respondent herein retired as a Superintendent from the Tamil Nadu Medical Services on the afternoon of 31.3.1978. At the time of retirement he was working as Superintendent in the Employees State Insurance Hospital, Madras. Later, on 26.2.1979 he was served by the Director of Medical Services and Family Welfare with a memo containing the following two charges:

(3.) PADMANABHAN, J. who heard the writ petition has taken the view that the enquiry contemplated under rule 9 of the Pension rules is only a limited type of enquiry in which if a retired Government servant is found guilty of grave misconduct or negligence during his period of service, the Government has the right of withholding or withdrawing a pension or part thereof ordering recovery from a pension of the whole or part of any pecuniary loss caused to the Government and as in this case as a result of the misconduct or negligence on the part of the respondent no recovery is sought on the ground of pecuniary loss to Government, rule 9 cannot be invoked. The correctness of the said view of PADMANABHAN, J. has been questioned in this appeal.