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2023 Supreme(Jhk) 1190

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Venkateshwar Nath Pandey, S/o. Late Gupteshwar Pandey – Appellant
Versus
State of Jharkhand through Secretary, Animal Husbandry and Fisheries Department, Government of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. Rohitashya Roy, Mr. Vibhor Mayank.
For the Respondents: Mr. Sreenu Garapati, S.C.-III, Mr. Sudarshan Srivastava.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 19.08.2019 passed by the learned Single Judge of this Court in W.P.(S) No.5416 of 2018, whereby and whereunder, the decision taken by the authority as contained in memo no.1169 dated 25.08.2015, by which, the pension and gratuity of the writ petitioner permanently withheld under the provisions of Rule 43(a) of the Jharkhand Pension Rule, has been declined to be interfered with by dismissing the writ petition.

2. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

3. It is the case of the writ petitioner that he had joined on the post of Touring Veterinary Officer, Madhubani, Block West Champaran on 14.05.1979. The petitioner was thereafter, transferred to Mandar as Block Animal Husbandry Officer on 08.05.1990 and continued on the said post till the date of his retirement, i.e., on 30.06.2013.

4. An FIR dated 04.02.1996 was instituted by the department against several persons under Sections 409, 420, 467, 468, 471, 472, 474, 120(B) of the Indian Penal Code and un

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