Section 7 in RSWC Employees Pension Regulations, 1990
7. Recoveries of Losses from the Pension.
- The Managing Director of the Corporation further reserves to himself the right of withholding or withdrawing a pension or any part of it whether permanently or for a specified period and the right or ordering the recovery from a Pension of the whole or Part of any pecuniary loss caused to the Corporation, if in a departmental or judicial proceedings the pensioner is found guilty for grave mis-conduct or negligence during the period of his service including service rendered upon re-employment after retirement:(a)Provided that such departmental proceedings, if instituted while the employee was in service, whether before his retirement or during his re-employment, shall after the final retirement of the employee be deemed to be proceeding under this Regulation and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service. Final order under this rule shall be passed by the Chairman.(b)Such departmental proceedings, if not instituted while the employee was in service, whether before his retirement or during his re-employment;(i)shall not be instituted save with the sanction of the Chairman/Executive Committee/Board of Directors;(ii)shall not be in respect of any event which took place more than 4 years before such institution; and(iii)shall be conducted by such authority and in such place as the Chairman/Executive Committee/Board of Directors may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the employee during the service.(c)No such judicial proceedings, if not instituted while the employee was in service whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or an event which took place more than 4 years before such institution, and(d)The Chairman/Executive Committee/Board of Directors shall be consulted before final orders are passed;(e)(i)Where any departmental or judicial proceeding is instituted under the Regulations or where a departmental proceeding is continued under clause (a) of the proviso-thereto against an employee who has retired on attaining the age of compulsory retirement to the date on which, upon conclusion of such proceedings, final orders are passed, a provisional pension not exceeding the maximum pension which would have been admissible on the basis of his qualifying service upto the date of retirement, or if he was under suspension on the date of retirement upon the date or immediately preceding the date on which he was placed under suspension, but no gratuity or death-cum-retirement gratuity shall be paid to him until the conclusion of such proceeding and the issue of final order thereon.(ii)Payment of provisional pension made under sub-rule (1) shall be adjusted against the final retirement benefits sanctioned to such employee upon conclusion of the aforesaid proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.
