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 Deputy Collector, Godda.

3. It is further submitted that the petitioner was subsequently convicted vide judgment dated 30.03.2013 passed by the Special Judge, Vigilance-II, Patna in Special Case no. 25 of 1992 (arising out of Vigilance P.S. Case no. 48 of 1992) and was sentenced to undergo rigorous imprisonment for three years. Aggrieved by the said judgment, he filed an appeal being Cr. Appeal (SJ) No. 324 of 2013 before the High Court of Judicature at Patna, in which the lower court record was called and in the meantime provisional bail granted to the petitioner by the Trial Court was confirmed.

4. It is also submitted that after passing of the judgment of conviction and order of sentence, the Government of Jharkhand through the Additional Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand, Ranchi issued show cause notice to the petitioner on 20.04.2015 for cancellation of benefits of 1st and 2nd ACP granted to him. He replied the said show cause notice on 02.06.2015, however, he was again issued show cause notice by the respondent no. 2 on 24.07.2019 for withholding his entire pension under rule 43(a) of the Jharkhand Pension Rules, 2000. The said show cause notice was also replied by the petitioner on 6.9.2019. However, the entire pension of the petitioner was withheld vide resolution as contained in memo no. 8874 dated 06.11.2019.

5. Learned counsel for the petitioner further submits that the impugned resolution has been issued without considering the show cause reply filed by the petitioner and as such the same is liable to be set aside having been passed in violation of the principles of natural justice. The impugned resolution has been issued by ignoring the criteria fixed for withholding the pension under rule 43(a) of the Jharkhand Pension Rules, 2000, as the entire pension of the petitioner has been withheld not with respect to any future conduct, rather his alleged conduct during past service tenure.

6. Per contra, learned counsel for the Respondent-State of Jharkhand submits that after retirement of the petitioner, his retiral benefits were processed by the departmental authorities and the same were paid to him between the year 2012 and 2014. The final pension of the petitioner was fixed vide order dated 08.06.2014 as he did not inform the department regarding passing of the judgment of conviction and order of sentence in the said criminal case. The Superintendent of Police, Vigilance Bureau, Patna Bihar vide letter no. 751 dated 27.08.2014 communicated a copy of the judgment of conviction and order of sentence dated 30.03.2013 passed against the petitioner in the said criminal case. Thereafter, the petitioner was issued show cause notice to submit his reply and the impugned resolution has been is