JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 18.03.2021 passed by the learned Single Judge of this Court in W.P.(S) No. 6332 of 2013, whereby and whereunder, the order dated 14.09.2016 as contained in Memo No. 4476, by which deduction of 3% of the writ petitioner’s pension for three years in exercise of power conferred under rule 43(b) of the Jharkhand Pension Rules, has been quashed and set aside.

2. The brief facts of the case as per the pleading made in the writ petition which require to be enumerated herein, read as under:

The writ petitioner joined as Junior Engineer, Water Resources Department, Patna on 07.02.1979 and has superannuated from the post of Junior Engineer, Special Division, Jamtara on 31.07.2009.

The writ petitioner, after his superannuation from service, received a letter dated 01.04.2009 along with Prapatra Ka dated 30.03.2009 asking the writ petitioner why a disciplinary inquiry be not initiated under Civil Service (Classification, Control and Appeal) Rules, 1930 along with charge for a period of 2003-04 and 2004-05 regarding non-availability of measurement book before the Flying Squad as well as the excess payment of Rs.32,551.44.

The writ petitioner filed show cause on 22.02.2013 stating in detail that the work was already completed on 15.06.2003.

Thereafter, the respondent authorities have initiated a departmental proceeding vide letter dated 01.04.2009 under Section 43(b) of the Jharkhand Pension Rules.

It is the case of the writ petitioner that the proceeding initiated against the writ petitioner relates to the period of 2003-04 and 2004-05 but the said proceeding cannot be initiated after superannuation of the writ petitioner under Section 43(b) of the Pension Rules as the event relates to a period more than four years ago and that cannot be initiated in view of the provision of Rule 43(b)(a)(ii) of the Pension Rules.

The writ petitioner has also filed representation for grant of pension before the respondent-authorities but the respondent-authorities have not paid any heed to the same.

Thereafter, vide order as contained in Memo No. 4476 dated 14.09.2016 issued by the Under Secretary, Department of Water Resources Department, Government of Jharkhand, punishment has been imposed upon the writ petitioner by deducting 3% from his pension for three years under Rule 43(b) of the Pension Rules for the charges which were framed against the writ petitioner after more than four years of the incident which has been alleged to be taken place in the years 2003-04 and 2004-05.

Being aggrieved with the same, the writ petitioner approached this Court by filing writ petition being W.P.(S) No. 6332 of 2013 and the learned Single Judge, on consideration of the entire aspect of the matter, has quashed the impugned order against which the present appeal has been preferred by the State.

3. It appears from the factual aspect as referred above based upon the pleading that while the writ petitioner was working as Junior Engineer had superannuated from service on attaining the normal age of superannuation w.e.f. 31.07.2009.

It further appears from the pleading that a fact-finding committee was constituted in order to surface irregularity committed by the writ petitioner in course of his service. The authority based upon the said irregularity has asked the writ petitioner to file response by assigning therein as to why the two charges, i.e., no measurement with respect to the construction in connection with Daxinidih pond scheme and second charge was that there was irregular payment of Rs.32,551.44.

The writ petitioner was asked to reply, as such, he has given reply as would appear from the reply dated 22.02.2013 as contained under Annexure-5. The authority, thereafter, issued an order by informing the writ petitioner for appointment of enquiry officer as also appended with memorandum of charge.

The respondent-State of Jharkhand has come out wi