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ANUBHA RAWAT CHOUDHARY
Rajeshwar Prasad, Son of Late Raj Ballav Ram – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard Mr. Shekhar Prasad Sinha, learned counsel appearing on behalf of the petitioner.
2. Heard Mr. Amitesh Kumar Geasen, learned counsel appearing on behalf of the respondents.
3. This writ petition has been filed for the following reliefs:
(B) The Petitioner who was superannuated on 31.01.2009, prays for iss
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....
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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 court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
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