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RAJESH SHANKAR
Chandra Shekhar Singh – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. The present writ petition has been filed for quashing the resolution as contained in memo no. 8874 dated 06.11.2019 (Annexure-6 to the writ petition) issued under the signature of the Joint Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi-respondent no. 2 by the order of the Hon’ble Governor, Jharkhand, whereby entire pension of the petitioner has been withheld by invoking the provisions of Rule 43(a) of the Jharkhand Pension Rules, 2000.
2. Learned counsel for the petitioner submits that while the petitioner was posted as Block Development Officer, Sonbarsha, District Saharsa (Bihar), a criminal case being Vigilance P.S. Case No. 48 of 1992 was instituted against him under sections 420/468/469/477-A/120-B/109 of the Indian Penal Code and section 5(2) read with Section 5(1)(d) of Prevention of Corruption Act, 1947 corresponding to section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. During pendency of the said case, the petitioner was allocated Jharkhand Cadre on bifurcation of the State of Bihar and creation of the State of Jharkhand and he superannuated from service on 31.08.2010 as D
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.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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....
The main legal point established is that the principle of natural justice must be observed even if there is no specific reference in the rule, especially if the consequence of the decision is going t....
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