JUDGMENT :

Shree Chandrashekhar, J.

This is an assigned matter by virtue of order dated 30th November 2017 passed on the administrative side by Hon'ble the Acting Chief Justice, High Court of Jharkhand.

2. In the writ petition, the petitioner has made a prayer for direction upon the respondents to make payment of post-retiral benefits to him.

3. The learned counsel for the petitioner submits that the aforesaid prayer has been made placing reliance upon a decision of the Hon'ble Supreme Court in “State of Jharkhand v. Jitendra Kumar Srivastava” (2013) 12 SCC 210.

4. The petitioner who was posted as Block Co-operative Development Officer and was in-charge of Kuru LAMPS Project as Member Secretary was placed under suspension vide memo dated 16th September 2003 - he retired from the service on 30th June 2008. A departmental proceeding was initiated against him vide memo dated 24th February 2003 and memorandum of charges was served upon him in Form “K” dated 18th October 2003.

5. The charge-memo contained the following charges:

Charge No. (i)- The delinquent employee defalcated Rs. 12,58,048/- in different development projects within Kuru Blocks.

Charge No. (ii)- The delinquent employee defalca