Section 6 in The Orissa Municipal Employees' Pension Rules, 1989
6.
The Director duly authorises by the Government in that behalf reserves the right or withholding or withdrawing a pension or a part thereof, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or a part of any pecuniary loss caused to the local authority if, in a departmental or judicial proceeding, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered on re-employment after retirement :Provided that -(a)such departmental proceeding if instituted while the employee was in service whether before his retirement or during his reemployment, shall, after the final retirement of such employee, be deemed to be a proceeding under this rule and shall be continued and concluded by the authority by which it was commenced in the same manner as he had continued in service;(b)such departmental proceeding, if not instituted while he was in service whether before his retirement or during his re-employment-(i)shall not be instituted save with the sanction of the Director;(ii)shall not be, in respect of any event, which took place more than four years before such institution; and(iii)shall be conducted by the competent authority in such manner as if the employee continued in service;(c)no such judicial proceeding, if not instituted while the employee was in service whether before his retirement or during his reemployment shall be instituted in respect of a cause of action which arose or event which took place more than four years before such institution.Explanation. - For the purpose of this rule-(a)a departmental proceeding shall be deemed to be instituted on the date on which the statement of charges is issued to the employee or pensioner, or if, the employee has been placed under suspension from an earlier date of such date, and(b)a judicial proceeding shall be deemed to be instituted-(i)in the case of a criminal proceeding on the date on which the complaint or the report of the Police Officer on which the Magistrate takes cognizance is made; and(ii)in case of civil proceeding on the date of presentation of the plaint in the Court.
