JUDGMENT

Mr. Raj Mohan Singh, J.

The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari, quashing the impugned order dated 06.11.2009 (Annexure P-3) passed by the respondent No.3 and also the order dated 05.06.2014 passed by the respondent No.2 in appeal. The challenge has also been made to the order dated 05.01.2015, vide which the second appeal of the petitioner was dismissed on the ground of non-maintainability and order dated 17.03.2015 passed by the respondent No.3, vide which even balance amount has been ordered to be recovered from the pension of the petitioner. The writ in the nature of mandamus is also sought, directing the respondents to release all the retiral benefits recovered from the petitioner along with interest in terms of instructions dated 20.02.2002 issued by the Finance Department.

2. The petitioner was working in the respondent-Department. He got his age of superannuation on 30.06.2005 and ultimately, superannuated from the services of the respondent Corporation. After the retirement, the petitioner being a retired employee is governed by the Haryana Warehousing Corporation Employees Pension Regulations , 1996. Regulation No.10 of the aforesaid 1996 Regulations is reproduced hereasunder:-

"Regulation 10. Recoveries of losses from the pension.

(1) The competent authority 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 recoveries from pension of the whole or part of any pecuniary loss caused to the Corporation, if in a departmental or judicial proceedings, the pensioner is found guilty for grave mis-conduct or negligence during the period of his Service.

Provided that such departmental proceedings, if instituted while the employee was in Service, whether before his retirement, shall after the final retirement of the employee, be deemed to be proceeding under this regulation and shall be continued and concluded by the authority by which it was commenced, in the same manner, as if the employee had continued in Service. Final order under this regulation shall be passed by the competent authority.

(2)Such departmental proceedings, if not instituted, while the employee was in Service, before his retirement,

(i) Shall not be instituted save with the sanction of the Executive Committee;

(ii) Shall not be instituted in respect of any event which took place more than four years before such institution; and

(iii) Shall be conducted by such authority and in such place as the executive committee may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the employee during the Service.

(3) No such judicial proceedings, if not instituted while the employee was in Service, whether before his retirement, or during his re-employment, shall be instituted in respect of a cause of action which arose or an event which took place more than four years before such institution; and

(4) The Executive Committee shall be consulted before final orders are passed.

(5) (i) Where any departmental or judicial proceedings is instituted under these regulations or where a departmental proceedings is continued under these regulations against an employee who has retired on attaining the age of compulsory retirement or otherwise, he shall be paid during the period commencing from the date of his retirement to the date of conclusion of such proceeding, when final orders are passed, a provisional pension not exceeding the maximum p