https://www.taxtmi.com/caselaws?id=171560 A proviso in a pension rule made under Article 309 cannot be construed as creating immunity from criminal prosecution for a retired government servant. The third proviso to Rule 2.2(b) qualifies only the Government's pensionary powers to withhold or withdraw pension and recover loss where the pensioner is found guilty in departmental or judicial proceedings; it does not restrict the criminal court's jurisdiction to try offences. Read that way, the proviso avoids extending the rule beyond the source of rule-making power. Delay in initiating prosecution may still justify quashing in an appropriate case, but only on the specific facts and where the delay is unexplained and unconscionable. en-us Tue, 22 Nov 1988 00:00:00 +0530 Thu, 12 May 2016 11:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171560 A proviso in a pension rule made under Article 309 cannot be construed as creating immunity from criminal prosecution for a retired government servant. The third proviso to Rule 2.2(b) qualifies only the Government's pensionary powers to withhold or withdraw pension and recover loss where the pensioner is found guilty in departmental or judicial proceedings; it does not restrict the criminal court's jurisdiction to try offences. Read that way, the proviso avoids extending the rule beyond the source of rule-making power. Delay in initiating prosecution may still justify quashing in an appropriate case, but only on the specific facts and where the delay is unexplained and unconscionable. Case-Laws Indian Laws Tue, 22 Nov 1988 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171560