VIGILANCE MANUAL VOLUME III - AP Online

856 DECISION - 460
is not an exhaustive definition. Supreme Court held that the Tribunal
is not right in concluding that the only kind of misconduct which should
be held to be grave misconduct is communication etc of an official
secret. There can be many kinds of grave misconduct. The
explanation does not confine grave misconduct to only the type of
misconduct described there.
Rule 9 of CCS (Pension) Rules gives to the President the
right of (1) withholding or withdrawing a pension or part thereof (2)
either permanently or for a specified period and (3) ordering recovery
from a pension of the whole or part of any pecuniary loss caused to
the Government. One of the powers of the President is to recover
from pension, in a case where any pecuniary loss is caused to the
Government, that loss. This is an independent power in addition to
the power of withdrawing or withholding pension. The contention
that rule 9 cannot be invoked even in cases of grave misconduct
unless pecuniary loss is caused to the Government, is unsustainable.
(460)
Documents — proof of
Not necessary to examine witnesses, where
genuineness of documents is not disputed.
Director General, Indian Council of Medical Research vs. Dr.
Anil Kumar Ghosh,
1998(5) SLR SC 659
The Supreme Court observed that there is absolutely no
justification in the allegation that principles of natural justice have
been violated. The first respondent did not furnish any list of
witnesses and only in the course of inquiry he requested the Inquiry
Officer to examine the officials of the Municipality who had issued
the certificates produced by him in support of his claim of H.R.A.
The High Court overlooked the simple fact that the said certificates
were produced by the first respondent himself as having been issued