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2024 Supreme(Jhk) 221

S. N. PATHAK
Tunul Hermrom – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Deepak Kr Prasad, Advocate
For the Respondents: Mr. Raunak Sahay, AC to GP-V

JUDGMENT :

S.N. PATHAK, J.

Heard learned counsel for the parties.

2. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of certiorari for quashing the order dated 12.04.2023 (Annexure-9), issued by the Joint Secretary, Department of Health, Medical Education and Social Welfare, Government of Jharkhand (Respondent No. 3), whereby under the garb of provisions enshrined under Rule 43(b) of the Jharkhand Pension Rules, 15% pension of the petitioner has been withheld. Further prayer has been made for quashing the Memo No. 425(18) dated 19.12.2023 (Annexure-11) by which the appeal preferred by the petitioner has also been turned down, affirming the order of the Disciplinary Authority. The petitioner has also prayed for payment of entire recovered amount along with interest @ 18% per annum.

3. The case of the petitioner lies in a narrow compass. The petitioner was appointed as a Medical Officer and joined the services on 18.08.1983 and subsequently, retired from the post of Deputy Director, Health Services, Government of Jharkhand, on 30.11.2019. Vide Memo No. 715(18) dated 16.10.2019, a departmental proceeding was initiated against the petitioner by i

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