CWP (T) No. 12535/2008 26.02.2011 Present: Mr. Ranjan Sharma, Advocate, for the petitioner. Mr. R. M. Bisht, Dy. A.G with Mr. Vinod Thakur, Dy. A.G. for the respondents It is not in dispute that petitioner retired from service on 30.6.1997. In terms of impugned order dated 31.10.2005 (Annexure A-1/A), respondents are seeking to recover a sum of Rs.19,671/- from the petitioner’s pension. Stand of the Government is that in view of the objection raised by the audit party, a detailed inquiry was conducted and it was found that petitioner had been negligent in performing his duty and as such, had caused loss to the department. Record does not show that petitioner was ever associated in any such inquiry. Petitioner was never served any notice or associated during such inquiry. No disciplinary proceedings were ever initiated against the petitioner prior to issuance of Annexure A- 1/A. 2. Action initiated by the Government is totally in violation of the provisions of Rule 9 of CCS (Pension) Rules. Recovery sought to be effected is highly belated in point of time. Consequently impugned action i.e. Annexure A-1/A is quashed. 3. With the aforesaid observations, petition stands disposed of. February 26, 2011 ( Sanjay Karol ), (rana) Judge.