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ANANDA SEN
Swetabh Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANANDA SEN, J.
1. In this writ petition, the petitioner has prayed for quashing the Notification No. 4/2016-3836 dated 9.9.2022 (Annexure-5), whereby, the petitioner has been inflicted with penalty of deduction of 10% pension for two years.
2. The petitioner retired from the post of Engineer-in-Chief, Drinking Water and Sanitation Department, Govt. of Jharkhand, Ranchi on 28.2.2022. There is an allegation that while he was posted as Superintending Engineer, Drinking Water and Sanitation Department, Urban Circle, Ranchi, he technically sanctioned a construction of brick masonry Channel with RCC Culvert in 1st phase pipe in filtration plant campus at Rukka under DW & S, S/R Head Works Division, Ranchi for a sum of Rs. 26,22,247.00 on 10.12.2012. The petitioner after completion of his service superannuated. The entire service period of the petitioner was unblemished as he was promoted from the post of Assistant Engineer and ultimately to the post of Engineer-in-Chief. After 15 days from the date of his superannuation, the petitioner was served with a show cause dated 15.3.2022 alleging therein that he technically sanctioned the aforesaid work, but within one year of the said w
Authority cannot invoke pension reduction after full pension has been sanctioned; revisional powers are reserved for the State Government under Rule 139(c) of Jharkhand Pension Rules.
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
The court established that under the Jharkhand Pension Rules, any disciplinary action or show-cause notice related to alleged misconduct must be initiated within four years of the event, failing whic....
Pension is a right of an employee and cannot be withheld without a proper inquiry and findings of misconduct; mere allegations or pending criminal cases are insufficient grounds for such action.
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
Rule 43(a) of the Pension Rules is not applicable to cases where the misconduct in question occurred while the petitioner was in service and departmental proceedings had already been initiated agains....
A retired government servant's pension cannot be deducted without initiating proper departmental proceedings within the stipulated time frame as per the Pension Rules, specifically Rule 43(b).
The interpretation of Rule 43(b) of the Jharkhand Pension Rules requires a clear finding of either pecuniary loss or grave misconduct for pension withholding to be valid.
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