The main legal point established is that the principle of natural justice must be observed even if there is no specific reference in the rule, especially if the consequence of the decision is going to adversely affect the party.

ORDER :

With consent of the parties, hearing of the matter has been done through video conferencing and there is no complaint whatsoever regarding audio and visual quality.

2. The instant intra-court appeal, preferred under clause 10 of the Letters Patent, is directed against the order/judgment dated 25.11.2013 passed by Learned Single Judge of this Court in W.P. (S) No. 7829 of 2012 whereby and whereunder order dated 01.07.2008, by which pension of the petitioner was withheld, has been quashed and set aside.

3. The brief facts of the case, as per pleadings made in the writ petition, which require to be enumerated reads as hereunder :

The petitioner retired from service on attaining the age of superannuation on 31.01.1998 from the post of Accountant from Palamau Treasury.

It is the case of writ petitioner that although after retirement, he was getting pension, but, since in a criminal case being R.C. Case No. 4(A) of 2001, he was convicted vide order dated 21.11.2005, against which, he preferred appeal being Criminal Appeal No. 1425 of 2005, his pension was withheld vide order date 01.07.2008.

Being aggrieved, the petitioner approached this Court invoking writ jurisdiction of this Court conferred under Article 226 of the Constitution of India by filing writ petition being W.P. (S) No. 7829 of 2012.

The learned Single Judge, considering the submissions advanced on behalf of parties and taking into consideration the provision of Rule 43(a) of the Jharkhand Pension Rules, quashed impugned order dated 01.07.2008, which is the subject matter of present intra-court appeal.

4. The appellants-State has taken the plea that there is no error in passing order dated 01.07.2008. Further submission has been made, referring to the provision as contained in Rule 43(a) of the Jharkhand Pension Rules, that it contains no stipulation to issue show cause notice to the pensioner before taking any adverse decision, but the learned Single Judge without appreciating the aforesaid fact has quashed impugned order dated 01.07.2008, therefore, the same is not sustainable in the eye of law.

5. None appears for the respondent-writ petitioner.

6. We have heard learned counsel for the appellant, perused the documents available on record as also the finding recorded by learned Single Judge.

7. The core issue, which was the subject matter before the learned Single Judge, is as to whether before initiating proceeding to take action in exercise of power conferred under Rule 43(a) of the Jharkhand Pension Rule, is it required to issue show cause notice?

8. The learned Single Judge answered the said issue in favour of petitioner holding therein that there is requirement to issue show cause notice if any decision is being taken by the State in terms of provision as contained under Rule 43(a) of the Jharkhand Pension Rules, reason being that, once the pension is being granted and is being decided to be withheld, the same since has got civil consequence, the cardinal principle of natural justice is required to be followed.

9. This Court in order to answer the aforesaid issue, deems it fit and proper to refer Rule 43 of the Jharkhand Pension Rules, which reads under as:

43(a). Future good conduct is an implied condition of every grant of pension. The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is convicted of serious crime or be guilty of grave misconduct. The decision of the Provincial Government on any question of withholding or withdrawing the whole or any part of a pension under this rule, shall be final and conclusive.

43(b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grav