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      Tina DU

      In D.V. Kapoor v Union of India AIR 1990 SC 1923, the Supreme Court had
      occasion to deal with Rule 9; the Court observed as follows:
      “It is seen that the President has reserved to himself the right
      withhold pension in whole or in part therefore whether permanently
      or for a specified period or he can recover from pension of the
      whole or part of any pecuniary loss caused by the Government
      employee to the Government subject to the minimum. The
      condition precedent is that in any departmental enquiry or the
      judicial proceedings, the pensioner is found guilty of grave
      misconduct or negligence during the period of his service of the
      original or on re-employment. The condition precedent thereto is
      that there should be a finding that the delinquent is guilty of
      grave misconduct or negligence in the discharge of public duty
      in office, as defined in Rule 8(5), explanation (b) which is an
      inclusive definition, i.e. the scope is wide of mark dependent on
      the facts or circumstances in a given case. Myriad situation may
      arise depending on the ingenuinity with which misconduct or
      irregularity was committed. It is not necessary to further probe
      into the scope and meaning of the words ‘grave misconduct or
      negligence’ and under what circumstances the findings in this
      regard are held proved….
      6. As seen the exercise of the power by the President is hedged
      with a condition precedent that a finding should be recorded
      either in departmental enquiry or judicial proceedings that the
      pensioner committed grave misconduct or negligence in the
      discharge of his duty while in office, subject of the charge. In
      the absence of such a finding the President is without authority
      of law to impose penalty of with- holding pension as a measure
      of punishment either in whole or in part permanently or for a
      specified period, or to order recovery of the pecuniary loss in
      whole or in part from the pension of the employee, subject to
      minimum of Rs.60.
      7. Rule 9 of the rules empowers the President only to with- hold
      or withdraw pension permanently or for a specified period in whole or in part or to order recovery of pecuniary loss caused
      to the State in whole or in part subject to minimum. The
      employee’s right to pension is a statutory fight. The measure of
      deprivation therefore, must be correlative to or commensurate
      with the gravity of the grave misconduct or irregularity as it
      offends the right to assistance at the evening of his life as assured
      under Art. 41 of the Constitution.”

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