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ANIL KUMAR UPADHYAY
Dil Narayan Choudhary @ Dil Narayan Choudhary – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. Petitioner is aggrieved by the order contained in Memo No. 63 dated 02.03.2017 as contained in Annexure-8 whereby in purported exercise of jurisdiction under Rule 43(a) of the Bihar Pension Rules, 1950 (in short, ‘Pension Rules’), respondents have decided to forfeit full pension and gratuity of the petitioner permanently.
3. Learned counsel appearing on behalf of the petitioner has referred to Rule 43(a) of the Pension Rules to contend that Rule 43(a) is attracted in the case of future conduct of the pensioner. Referring to the instant case, learned counsel submits that the petitioner superannuated on 31.07.2013 whereas the decision to forfeit the pension in purported exercise of power under Rule 43(a) of the Pension Rules was taken in the light of the judgment of the conviction dated 28th of January 2011 and as such, the conviction prior to attaining the age of retirement cannot be construed as future conduct of the petitioner and therefore the entire exercise is without jurisdiction.
4. Earlier on behalf of the State, counter affidavit has been filed
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
The interpretation of Rule 43(b) of the Jharkhand Pension Rules requires a clear finding of either pecuniary loss or grave misconduct for pension withholding to be valid.
Rule 43(a) of the Pension Rules is not applicable to cases where the misconduct in question occurred while the petitioner was in service and departmental proceedings had already been initiated agains....
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