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ANUBHA RAWAT CHOUDHARY
Saket Bihari Lall, son of Late Ram Prasad Lall – Appellant
Versus
State of Jharkhand, through the Secretary, Finance, Government of Jharkhand – Respondent
JUDGMENT :
1. Heard the Learned counsel for the parties.
2. This writ petition has been filed for the following reliefs: -
(aa) Quashing/setting aside the order dated 24.5.2014 purportedly passed under Rule 43(b) & 139 of the Jharkhand Pension Rules by the Deputy Commissioner, Ranchi (as contained in Annexure-14);
(ab) direct the respondents to pay pensionary dues for the period of 21 months (March 2009 to 28th November, 2010) prior to the conviction in criminal case;
(b) Directing the respondents to pay full pension and gratuity to the petitioner alongwith interest @ 18% P.A. over and above the unpaid part of it with effect from the date of petitioner’s superannuation;
(c) saddling the respondents with exemplary cost to be paid to the petitioner.”
Arguments of the Petitioner on various dates
3. On 25.02.2021, the learned counsel for the petitioner had submitted that following questions of law are involved in this
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 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 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.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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....
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
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