JUDGMENT :

A. MUHAMED MUSTAQUE, J.

1. The petitioner approached the Tribunal challenging Annexure-A3(b) order of the Government finalizing disciplinary action by ordering withholding entire DCRG and also an order to reduce Rs.15,000/-from her monthly pension permanently under Rule 3 Part-III KSR.

2. The following facts are relevant to this matter:

3. There is no dispute regarding the above facts. The question is whether recovery can be effected after three years of becoming a pensioner. It is appropriate to refer to Note-3 of Rule 3 of Part-III of KSR. Note-3 reads thus:

“Rule 3, Note 3 - Any liabilities which could have been otherwise ascertained and finalised without resort to any judicial proceedings/departmental proceedings would have to be quantified and finalised with due notice to pensioner within an outer time limit of three years from the date of retirement of the pensioner in view of mandate contained in Note 3 of Rule 3, Part III, KSRs.”

4. There are two parts in Note-3. One is related to quantification, and the second part is related to intima