Government filed criminal case after 13 years of my retirement

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Question asked on: 04/10/2015

The government of Bihar 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?

Advised by: Shivendra Pratap Singh,

You had committed that offence in the discharge of your official duties. After the judgment of Subramaniyam Swami vs Man Mohan Singh AIR 2012 SC; it is held by the Supreme Court that court has right to examine all the facts of the case, if some materials come out from the facts that an offence has been committed then court shall take cognizance of the case no matter after how many years from the date occurrence case is preferred in the court.

Section 468 Cr.P.C. provides a period of limitation in respect of taking cognizance of the criminal case. An offence punishable more than three years of imprisonment has no limitation; the court can take cognizance at any time after commencement of offence. Offenses 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 no period of limitation can be prescribed on which the trial the trial of the criminal case cannot continue. 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.”

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