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RAJESH SHANKAR
Mahendra Prasad Choudhary – Appellant
Versus
State of Jharkhand, through the Chief Secretary – Respondent
ORDER :
1. The present writ petition has been filed for quashing the order as contained in Memo No.3894 dated 23.09.2014 passed by the Principal Secretary, Revenue, Registration and Land Reforms Department, Government of Jharkhand, Ranchi, whereby 10% of the pension amount has been ordered to be deducted from the pension of the petitioner. Further prayer has been made for issuance of direction upon the respondent authorities to pay full pension as well as the arrears of the pension to the petitioner.
2. The learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Settlement Officer in the year 1994 and he retired from service on 31.07.2011 from the Dumka Settlement Office. A departmental proceeding was initiated against the petitioner vide resolution as contained in memo no.4530 dated 21.10.2003 issued by the Commissioner-cum-Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi and Charge Officer, Dumka was appointed as Conducting Officer. Thereafter, a charge sheet was issued against the petitioner by the respondent authorities alleging that he had changed the order of his predecessor passed in Tasdik
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
Charges in disciplinary proceedings must be proved based on preponderance of probability, and compliance with procedural rules is mandatory. Pension deduction requires grave misconduct or pecuniary l....
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
Adherence to principles of natural justice and the correct application of pension rules are crucial in disciplinary proceedings against government employees.
Civil servants may face disciplinary actions affecting pensions for misconduct, even post-retirement, especially for violating judicial commands, underscoring accountability.
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
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