Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 7] [Entire Act]

State of Tamilnadu - Subsection

Section 7(1) in The Chennai Corporation (Superior) Service Pension Rules, 1970

(1)The Government reserve to themselves 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 pension of the whole or part of any pecuniary loss caused to the Corporation if the pensioner is found in departmental or judicial proceedings to have been guilty of grave misconduct or to have caused pecuniary loss to the Corporation by misconduct or negligence during his service including service rendered on re-employment after retirement:Provided that -
(a)such department proceedings, if not instituted while the pensioner was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the officer, be deemed to be a proceeding under this rule and shall be concluded by the authority by which it was commenced in the same manner as if the officer had continued in service;
(b)such departmental proceedings, if not instituted while the officer was in service, whether before his retirement or during his re-employment-
(i)shall not be instituted save with the sanction of the Government;
(ii)shall not be in respect of an event which took; place more than four years before such institution; and
(iii)shall be conducted by such authority and in such place or places as the Government may direct and in accordance with the procedure applicable to the departmental proceedings in which an order of dismissal from service may be made in relation to the officer during his service; and
(c)no such judicial proceedings, if not instituted while the pensioner was in service, whether before his retirement or during bis re-employment shall be instituted in respect of a cause of action which arose on an event which took place more than four years before such institution.
Explanation. - For the purposes of this rule-
(a)departmental proceedings shall be deemed to be instituted on the date on which the statement of charges framed against the pensioner is issued to him, or if the pensioner has been placed under suspension from an earlier date, on such date; and
(b)a judicial proceeding shall be deemed to be instituted-
(i)in the case of criminal proceedings on the date on which a complaint or report of police officer on which the magistrate takes cognizance, is made; and
(ii)in the case of civil proceeding, on the date on which the plaint is presented in the Court.