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2017 Supreme(Jhk) 34

PRAMATH PATNAIK
Sheo Prasad Das – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Manoj Tandon
For the State : Sumir Prasad, S.C I, Jay Shankar Tiwari, J.C to S.C I, Ms. Richa Sanchita

JUDGMENT :

Pramath Patnaik, J.

1. In the accompanied writ application, the petitioner has inter alia prayed for quashing punishment order as contained in memo dated 22.07.2014, whereby full pension of the petitioner has been withheld and further for direction upon the respondents to pay the entire retirement benefits including the pension to the petitioner.

2. The brief facts, as disclosed in the writ application, is that petitioner was an officer of Jharkhand Education Service and retired on 30.09.2013 holding the post of District Superintendent of Education, Dhanbad. While the petitioner was in service, three different departmental proceedings were initiated against the petitioner for different charges, which resulted in passing of common impugned order dated 22.07.2014, whereby full pension of the petitioner has been withheld, purportedly under Rule 43(b) of the Pension Rule. In the first departmental proceeding, it is alleged that the petitioner was arrested on the charge of receiving bribe of Rs. 9500/-, for which, a criminal case being Vigilance P.S. Case No. 15 of 2006 has been lodged but till date no charge-sheet has been submitted in that case. Charges in the second departme












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