This article was amended in notification no. 6-2-1008/X918-1958 dated January 6, 1981. Before amendment this article stood as follows :

351-A The Provincial Government reserve to themselves the right to order the recovery from the pension of an officer who entered service on or after 7th August, 1940 of any amount on account of losses found in judicial or departmental proceeding to have been caused to Government by the negligence or fraud of such officer during his service.

Provided that:

(1) such departmental proceedings, if not instituted while the officer was on duty

(i) shall not be instituted save with the sanction of the Provincial Government ;

(ii) shall be instituted before the officer’s retirement from service or within a year from the date on which he was last on duty whichever is later;

(iii) shall be in respect of an event which took place not more than one year before the date on which the officer was last on duty and ;

(iv) shall be conducted by such authority and in such places whether in India or elsewhere, as the Provincial Government may direct ;

(2) all such departmental proceedings shall be conducted, if the officer concerned so requests in accordance with the procedure applicable to departmental proceedings on which an order of dismissal from service may be made ; and

(3) such judicial proceedings, of not instituted while the officer was on duty, shall have been instituted in accordance with sub-clauses (ii) and (iii) of clause (1).

NOTE—As soon as proceedings of the nature referred to in this article are instituted the authority which institutes such proceedings shall without delay intimate the fact to the Audit Officer concerned.