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2023 Supreme(Jhk) 685

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
State of Jharkhand through the Chief Secretary – Appellant
Versus
Thakur Jagat Prakash Singh, son of Late Thakur Ram Parikshan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anish Kumar Mishra, AC to Sr. SC-I

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 t

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