The Bihar Government has filed criminal case after 13 years of my retirement. Government has filed a criminal case against me under section 420/467/468/471/409/201/120-B IPC for granting illegal licenses to some traders of Bihar in the discharge of my official duties. It was the regime of Lalu Yadav when the government frequently changes rules and regulation for granting licenses. Now I am retired from the public post in the year 2002 March 12.
I have been availing all the retire benefits and also enjoy pension. On November 3 of the year 2014, I received a letter from the PS of my department that Honorable Governor of state passed an order to recover all the loss, suffered to department from granting illegal licenses, from my pension. Sir, is it legitimate to file a criminal case and recover that amount out of my pension after 25 years from the date of occurrence and 13 years of my retirement?
Question from: Bihar
You had committed that offence in the discharge of your official duties. In Subramaniyam Swami vs Man Mohan Singh AIR 2012 SC; the Supreme Court has held that the trial court has a right to examine all the facts and evidence of the case. The court may take cognizance of the offence however, it has been filed after a long time. Thus, court can take cognisance however, the Government has filed criminal case after 13 years of your retirement.
Cognisance of offence after retirement
Section 468 Cr.P.C. provides a period of limitation in respect of taking cognizance of the criminal case. There is no limitation period of an offence punishable with more than three years of imprisonment. Hence, the court can take cognizance at any time after commencement of offence. Offences under section 420/467/468/471/409/201/120-B IPC are punishable for the detention of more than three years, so no period of limitation applies to them. In Ram Chandra Rao vs State of Karnataka AIR 2002 SC; held by Supreme Court that there is no period of limitation for the continuation of trial of the criminal case.
According to Regulation 351 A of the Civil Service Regulations:
“The Governor 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 of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in departmental or judicial proceedings to have been guilty of grave misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement.”