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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Anandi Prasad Singh, son of late Jag Mohan Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No.9515 of 2023:
1. This interlocutory application has been filed for condoning the delay of 153 days, which has occurred in preferring this appeal.
2. The cause has been assigned to condone the delay as available at paragraphs-3 to 8 of the said interlocutory application.
3. This Court, on consideration of the explanation as is available at paragraphs-3 to 8, is of the view that the delay in filing the instant appeal is to be condoned so as to decide the issue on merit.
4. Accordingly, this interlocutory application is allowed and the delay of 153 days in preferring this appeal, is hereby condoned.
L.P.A. No. 46 of 2023:
Prayer:
5. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 14.09.2022 passed by the learned Single Judge in W.P.(S) No. 670 of 2016, whereby and whereunder, the learned Single Judge has quashed the order dated 28.12.2015 as contained in Memo No. 6347 by which the 10% from the pension has been ordered to be forfeited in exercise of power conferred under Rule 43(b) of the Jharkhand Pension Rules, has been quashed and set aside with a direction upon the respondents to refund the amo
The interpretation of Rule 43(b) of the Jharkhand Pension Rules requires a clear finding of either pecuniary loss or grave misconduct for pension withholding to be valid.
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.
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....
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.
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
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....
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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