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ANIL KUMAR UPADHYAY
JHAKARI RAM – Appellant
Versus
STATE OF BIHAR – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and the respondents.
2. Since both the writ applications involve the issue of forfeiture of pension of petitioner, with the consent of the parties both the writ applications have been heard together and are being disposed of by this common judgment.
3. These are the 3rd and 4th writ applications involving the issue of forfeiture of pension.
4. Earlier C.W.J.C. No. 548 of 2016 was filed by the petitioner for payment of pensionary benefits. In the meanwhile, the respondents decided to forfeit the 100% pension in purported exercise of power under Rule 43(b) of the Bihar Pension Rules.
5. The decision to forfeit 100% pension was challenged in C.W.J.C. No. 9009 of 2017. In view of the subsequent development, C.W.J.C. No. 548 of 2016 was disposed of on 01.11.2017 with liberty to the petitioner to challenge the legality and validity of forfeiture of 100% pension in C.W.J.C. No. 9009 of 2017.
6. The petitioner was aggrieved by the order passed in C.W.J.C. No. 548 of 2017 filed L.P.A. No. 1672 of 2017, which was dismissed vide order dated 08.05.2018.
7. The issue as to forfeiture of 100% pension was examined by a Co-ordinate Bench of this Cour
The Supreme Court ruled that penalties under pension rules must be proportionate to the grave misconduct proven.
The main legal point established in the judgment is that recovery from pension cannot exceed one-third of the pension originally sanctioned and the pension of a person guilty of grave misconduct cann....
Pension entitlement is protected under law for personnel with over ten years of service, regardless of subsequent resignations, provided statutory rules for retirement were adhered to.
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....
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.
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