K S GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner seeks to quash the memo of allegation (Annex.3) as well as the punishment order dated 5.5.2000 (Annex.5) whereby the petitioner was punished in an enquiry initiated under Rule 16 of Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (for short '1958, Rules') and his 10% pension for period of 3 years was ordered to be withheld.

(2.) IT is not disputed that on the date of superannuation of petitioner i.e. 30.9.1993. an enquiry under Rule 17 of 1958 Rules was pending. The only question which requires consideration is whether on the eve of retirement of petitioner the Disciplinary Authority was competent to convert the enquiry from Rule 17 to Rule 16 of 1958, Rules.

(3.) A look at the proviso (a) appended to Rule 170 of RSR demonstrates that on the eve of retirement of employee if departmental proceeding is pending, it will be continued and concluded by the Disciplinary Authority in the manner as if the employee had continued in service. The proviso (b) appended to Rule 170 of RSR provides that such departmental proceeding, if not instituted while the employee was in service, whether before his retirement or during his re -employment, it shall not be instituted save with the sanction of the Governor and it shall not be in respect of any event which took place more than 4 years before such institution.