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2022 Supreme(Jhk) 955

S. N. PATHAK
Deo Darshan Singh – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Prabhat Singh.
For the Respondent: Devesh Krishna.

JUDGMENT :

S.N. PATHAK, J.

1. Heard the parties.

2. Petitioner has approached this Court with a prayer for quashing the Memo No. 333/2004, dated 17.05.2017 and Prapatra ‘Ka’ issued by respondent No. 3, pertaining to initiation of departmental proceeding against the petitioner invoking provision of Rule-43(b) of the of Jharkhand Pension Rules.

Further prayer has been made for a declaration that the terms of Memo No. 333/2004, dated 17.05.2017 and Prapatra ‘Ka’ issued under the signature of respondent No. 3, is wholly illegal and without jurisdiction.

3. As per the factual matrix, the petitioner was appointed as Assistant Engineer under the Water Resources Department on 25.01.1979 and thereafter, on attaining the age of superannuation, he retired on 31.01.2011, from the post of Assistant Engineer, Rural Development Special Division, Hazaribagh. In his entire service career of 30 long years, he worked to the full satisfaction of his Superior Authority and no complaint whatsoever has ever been made against him. After his retirement, the office of the Accountant General (A&E), Jharkhand issued “No Demand Certificate” to the petitioner. It is the case of the petitioner that after lapse of mor

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