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2023 Supreme(Jhk) 20

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Brij Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Krishna Kumar.
For the Respondents: Darshana Poddar Mishra, Amit Kumar Verma.

JUDGMENT :

1. The instant intra-court appeal under Clause 10 of the Letters Patent has been preferred against the order/judgment dated 09.09.2020 passed by learned Single Judge in W.P. (S) No. 2005 of 2018 by which the writ petition was dismissed declining to interfere with notification dated 26.12.2017 as contained in Memo No. 4582 whereby decision has been taken that 10% pension of the petitioner will be deducted from the pension for the next five years.

2. Brief facts of the case, as per the pleadings made in the writ petition, read as under:

    The petitioner was appointed on 01.03.1979 on the post of Assistant Superintendent, Sales Tax Department. The petitioner-appellant vide notification no. 80 dated 15.01.1988 was promoted on ad hoc basis to the post of Assistant Commissioner of Commercial Taxes w.e.f. 01.02.1988. While working as such, a departmental proceeding was initiated by serving memorandum of charge on 11.05.1999 on the allegation that the petitioner had misused his official power and wrongly issued 142 number of Form ‘F’ in favour of M/s. Eastern Spinning Mill & Industries, Jamshedpur to aid the dealer in evasion of tax and thereby caused loss of revenue. Pursuant theret

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