Section 8 in Rajasthan Civil Services (Pension) Rules, 1996
8. Disciplinary proceedings can continue after retirement even in case where there is no pecuniary loss to Government. - (i) The question whether disciplinary proceedings pertaining to a serious or grave act of misconduct/negligence committed by a Government servant can be continued or instituted in terms of Rule 9 of C.C.S. (Pension) Rules, 1972, or other corresponding rules of the Central Government (corresponding to Rule 7 of R.C.S. (Pension) Rules, 1996), even if no pecuniary loss was caused to the Government, has been the subject matter of a number of Court/Tribunal cases. Because of the fact that divergent views were expressed by different Courts and the Benches of the Central Administrative Tribunal, this issue was referred to a Full Bench of the Central Administrative Tribunal, in case of Amarjit Singh V. Union of India (Administrative Tribunal Reporter 1988 (2) CAT 637). The Full Bench after examining the matter at length, have held that institution/continuance of the proceedings is not dependent upon any pecuniary loss being occasioned to the Government. Even in the absence of any pecuniary loss, the pension of a pensioner can be withheld or withdrawn in whole or part, after following the prescribed procedure, for an act of misconduct/negligence committed while in service.
(ii)The above ruling of the Full Bench of CAT is brought to the notice of all concerned so that the same is appropriately referred to in all those cases where interpretation of Rule 7 of R.C.S. (Pension) Rules, 1996 and other analogous rules is involved.
