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2013 Supreme(Jhk) 244

SHREE CHANDRASHEKHAR
Bal Krishna Dubey – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Bhanu Kumar
For the Respondents: Mr. Sr. S. C. II

JUDGMENT:


1. The petitioner has impugned order dated 13.02.2010 passed by Principal Secretary, Finance Department, Government of Jharkhand by which payment of pension to the petitioner has been stopped and recovery of the amount of pension already paid to the petitioner has been ordered.

2. The petitioner was initially appointed as a Clerk on 28.03.1966 at Dumka and subsequently, he was posted under Directorate of Treasuries, Government of Bihar. The petitioner superannuated from service with effect from 31.01.2004. In one of the cases in Fodder Scam, i.e., R.C. Case No. 77 (A) of 1996, the petitioner was implicated and therefore, by order dated 18.09.1996, he was put under suspension. The petitioner superannuated from service, however, no departmental proceeding was initiated against the petitioner. After his retirement, the petitioner was sanctioned 90 % amount of pension and gratuity.

3. The petitioner, was convicted in R.C. Case No. 77 (A) of 1996 on 08.06.2007 and by order dated 12.06.2007, he was punished to undergo rigorous imprisonment for four years and with fine. The petitioner preferred Criminal Appeal (S.J.) No. 1008 of 2007 which was admitted and he was granted bail by


































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