S. C. VERMA, J. ( 1 ) THE present petition is directed against the order passed by the District Magistrate, Faizabad dated 23-3-1993 wherein the pension of the petitioner was stopped in expectation of sanction of the Government under the provisions of Regulation 351-A of Civil Service Regulations. ( 2 ) THE petitioner retired from service on 31-7-1992. Admittedly after the petitioner retired from service charge-sheet was framed it was served on 23-10-1992. It is alleged that the petitioner did not submit any reply to the charge-sheet and the Enquiring Officer submitted his report dated 30-12-1992 in the Office of the District Magistrate on 2-1-1993. The inquiring Officer found first charge fully proved and the second charge was also found proved against the petitioner in the enquiry report. The pension papers were also sanctioned by the Board of Revenue and was given interim relief of Rs. 20,460/- and Rs. 27,363 35/- in view, of the report of the Enquiring officer the action under Regulations 351-A of the Civil Service Regulations was taken by the impugned order. ( 3 ) IT has not been placed on record that the Government has approved the action of the District magistrate withholding the sanction of the pension. There is also no material on record that before order dated 23-3-1993 was passed under Regulation 351-A of Civil Service Regulation any show-cause notice was given to the petitioner. The impugned action has been justified in the counter-affidavit on the basis of the enquiry conducted after retirement of the petitioner in accordance with the provisions of Regulation 351-A (4) of the Civil Service Regulation. The respondents in the counter-affidavit have admitted that in view of the representations of the petitioner which are pending, it would not be proper to release the pension of the petitioner. The respondents have further taken the stand that they have recommended the case of the petitioner to the State Government for obtaining the sanction of the Governor as required under the provisions of Regulation 351-A. ( 4 ) I have heard the learned Counsel for the petitioner and the learned Standing Counsel. ( 5 ) ADMITTEDLY there is no material on record up to this date that the Government has given its sanction for the impugned action and for withholding of the pension even though more than 3 1/2 years have elapsed from the date of passing of the order. ( 5 ) ADMITTEDLY there is no material on record up to this date that the Government has given its sanction for the impugned action and for withholding of the pension even though more than 3 1/2 years have elapsed from the date of passing of the order. The respondents have not even cared to decide the representations of the petitioner which admittedly are pending with them. There is also no jurisdiction on the part of the respondents to have issued the order dated 23-3-1993 directing for withholding of the pension in anticipation of the sanction of the governor and without any show-cause notice in this regard. ( 6 ) FOR the proper appreciation of the controversy involved herein, it would be appropriate to notice the provisions of Regulation 351-A of the Civil Service Regulations. It is as under : "regulations 351-A.-The Governor 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 recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in department or judicial proceedings to have been guilty of grave misconduct, or to have caused pecuniary loss to Government by misconduct or negligence, during his service, including service rendered on re-employment after retirement : provided that (a) Such departmental proceedings, if not instituted while the officer was on duty either before retirement of during re-employment (i) shall not be instituted save with the sanction of the Governor. (ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings ; and (iii) shall be conducted by such authority and in such place or places as the Governor may direct and in accordance with the procedure applicable to proceedings on which order of dismissal from service may be made. (b) Judicial proceedings, if not instituted while the officer was on duty either before retirement of during re-employment, shall have been instituted in accordance with Sub-clause (ii) of Clause (a) ; and (c) the public Service Commission, U. P. shall be consulted before final orders are passed : provided further that of the order passed by the Governor relates to a case dealt with under the uttar Pradesh Disciplinary proceedings, (Administrative Tribunal) Rules, 1947, it shall not be necessary to consult Public Service Commission ). Explanation.-For the purposes of this article (a) departmental proceedings shall be deemed to have been instituted when the charges framed against the pensioner are issued to him or, if the officer has been placed under suspension from an earlier date, on such date ; and (b) Judicial proceedings shall be deemed to have been instituted ; (i) in the case of criminal proceedings, on the date on which complaint is made, or a charge-sheet is submitted, to a criminal Court ; and (ii) in the case of civil proceedings, on the date on which the plaint is presented or. as the case maybe, an application is made to a Civil Court. 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. ( 7 ) OBVIOUSLY the power under Regulation 351-A of the Regulations can be exercised if the pensioner is found to have been guilty of grave misconduct or to have caused pecuniary loss to the Government by misconduct or negligence during his service, including service rendered on re-employment after retirement in a departmental or judicial proceedings. The departmental of judicial proceedings holding the pensioner to be guilty is a condition-precedent. Further, departmental proceedings, if not instituted while the Officer was on duty either before retirement of during re-employment (a) shall not be instituted save with the sanction of the Governor, (b)shall be only in respect of an event which took place not more than four years before the institution of such proceedings, and (c) shall be conducted by such authority and in such place or places as the Governor may direct and in accordance with the procedure applicable to the proceedings on which an order of dismissal from service may be made. To be precise, initiation of departmental proceedings under Regulation 351-A against the retired employee will require sanction of the Governor, the event sought to be enquired must have taken place withinproceeding four years of the date of the institution of such proceedings and the procedure to be adopted by the concerned authority must be the same as applicable with regard to the proceedings relating to dismissal from service. Sub-clause (ii) of Clause (a) of the proviso to regulation 351-A clearly prescribe the period of limitation for initiation of departmental proceedings against the retired employee and impliedly prohibits initiation of such proceedings after the expiry of the stipulated period. ( 8 ) THE power under Regulation 470 (b) of the Regulations can be exercised only if the service of the employee has not been found thoroughly satisfactory by the sanctioning authority. Needless to say that the finding of the sanctioning authority that the service of the employee has not thoroughly satisfactory has to be based on the relevant material. It cannot be gainsaid that the service record of an employee is the most relevant material for assessing whether his service has been thoroughly satisfactory. Any finding regarding thoroughly unsatisfactory. service of an employee for the purpose of exercising power under Regulation 470 (b) of the Regulations without considering the service record of the employee cannot be sustained. ( 9 ) RULE 3 of the conduct Rules ordains every Government servant to maintain absolute integrity and devotion to duty and to conduct himself in accordance with specific or implied orders of government regulating the behaviour and conduct which may be inforce at all times. Impliedly, non-adherence to the provisions of Rules 3 renders the Government Servant to be guilty of misconduct such misconduct, if grave, may form basis of action under Regulation 351-A of the regulations. ( 10 ) FOR holding the service of the petitioner to be wholly unsatisfactory the impugned order clearly and unequivocally relies upon the alleged misconduct of not maintaining absolute integrity and of violating the orders of the Government regarding obtaining sanction and the departmental orders and Rules. Specific mention of the violation of the provisions of Financial hand Book Vol. V, Part I has been made and direction for deduction of monthly pension of the petitioner by 25 per cent permanently has been given on that footing. Specific mention of the violation of the provisions of Financial hand Book Vol. V, Part I has been made and direction for deduction of monthly pension of the petitioner by 25 per cent permanently has been given on that footing. ( 11 ) POWER of withholding pension on the ground of misconduct is traceable only in Regulation 351-A of the Regulations can be exercised only on the ground of service of the Government servant being wholly unsatisfactory on the basis of service record. The impugned order though it professes to have been passed in exercise of power under Regulation 470 (b) of the Regulations is, in fact, under Regulation 351-A of the Regulations. Therefore, it could have been exercised only if the petitioner had been found guilty of grave misconduct in a departmental of judicial proceedings held in accordance with the provisions of Regulation 351-A and within the period of limitation prescribed therein, namely, four years. ( 12 ) IN the case of State of Uttar Pradesh v. Brahm Datt Sharma and Anr. , 1987 (2) Supreme court Cases 179 : (1987) 1 UFLBEC 280 (SC) it has been held : "grant of pension to employees of the State Government is regulated by the Civil Service regulations which have statutory character. Article 348-A provides that pension shall be granted subject to the conditions contained in the Regulationsr. Article 351 -A empowers the Governor to withhold or withdraw pension or any part of it, whether permanently or for a specified period and also to order recovery from pension of the whole or part of the pension for any pecuniary loss caused to the government if the pensioner is found guilty in departmental or in judicial proceedings for any misconduct or negligence during his service. Article 353 lays down that no pension shall be granted to an officer dismissed or removed from service for misconduct, insolvency of inefficiency, but compassionate allowance may be granted on special consideration. The claim of pension is determined by length of service, as provided by Article 474 to 485. Full pension is admissible under the rules not as a matter of course but only if the service rendered by the government employee is approved. The Regulations empower the authority sanctioning the pension to make such reduction in the amount of pension as it may think proper. Full pension is admissible under the rules not as a matter of course but only if the service rendered by the government employee is approved. The Regulations empower the authority sanctioning the pension to make such reduction in the amount of pension as it may think proper. These provisions indicate that a government servant is entitled to pension but the claim of pension is determined in accordance with the statutory rules. No doubt pension is no more a bounty ; instead it is a right earned by the government servant on the basis of length of service. Nonetheless grant of full pension depends on the approval of service rendered by the government servant has not been satisfactory he would not be entitled to full pension and it would always be open to the government to withhold or reduce the amount of pension in accordance with the statutory rules. If the government incurs pecuniary loss on account of misconduct or negligence of a government servant and if he retires from service before any departmental proceedings are taken against him, it is open to the State Government to initiate departmental proceedings, and if in those proceedings he is found guilty of misconduct, negligence or any other such act or omission as a result of which government is put to pecuniary loss, the State Government is entitled to withhold, reduce or recover the loss suffered by it by forfeiture or reduction of pension. These provisions ordain the government servant to perform his duties faithfully and honestly. Honest and devoted service rendered by a government servant ensures efficiency in public administration. The statutory rules, therefore, contain provisions for the forfeiture and deduction in the pension of government servants who have not rendered satisfactory service or who may have been found guilty of misconduct or negligence resulting in pecuniary loss to the government. Merely because a government servant retires from service on attaining the age of supperannuation he cannot escape the liability of misconduct and negligence or financial irregularities. A plain reading of the regulation indicates that full pension is not awarded as a matter of course to a government servant on his retirement instead ; it is awarded to him it his satisfactory service is approved. A plain reading of the regulation indicates that full pension is not awarded as a matter of course to a government servant on his retirement instead ; it is awarded to him it his satisfactory service is approved. If the service of a government servant has not been thoroughly satisfactory the authority competent to sanction the pension is empowered to make such reduction in the amount of pension as it may think proper. Proviso to the regulation lays down that no order regarding reduction in the amount of pension shall be made without the approval of the appointing authority. Though the Regulations do not expressly provide for affording opportunity to the government servant before order for the reduction in the pension is issued but the principles of natural justice ordain that opportunity of hearing must be afforded to the government servant before any order is passed. Article 311 (2) is not attracted, nonetheless the government servant is entitled to opportunity of hearing as the order of reduction in pension affects his right to receive full pension. It is no more in dispute that pension is not bounty ; instead it is a right to property earned by the government servant on his rendering satisfactory service to the State. The State Governments order directing reduction of pension of the employee of State of Punjab were set aside by this Court in State of Punjab v. K. R. Erry and State of Punjab v. Iqbal Singh, 1976 (3) SCR 360, on the ground that the orders imposing deduction in the pension had been passed in violation of principles of natural justice as the affected employees had not been afforded opportunity of hearing. These decisions leave no scope for any doubt that the State government is competent to direct reduction in pension after affording opportunity of hearing to the government servant. " ( 13 ) IN the above background it is established that the action of the respondents in directing to withhold the pension by order dated 23-3-1993 in anticipation of the sanction of the Governor without complying with the principles of natural justice or issuance of show-cause notice, is illegal and without jurisdiction. The respondents are directed to act in accordance with law after complying the provisions of Regulation 351-A of U. P. Civil Service Regulations and the law laid down by Honble Supreme Court in the aforesaid case. The respondents are directed to act in accordance with law after complying the provisions of Regulation 351-A of U. P. Civil Service Regulations and the law laid down by Honble Supreme Court in the aforesaid case. The respondents are directed to release the pension of the petitioner within three months. ( 14 ) WITH the above directions the Writ Petition is finally disposed of.