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DEEPAK ROSHAN
Brajeshwar Singh – Appellant
Versus
Jharkhand of Jharkhand – Respondent
JUDGMENT :
HON'BLE MR. JUSTICE DEEPAK ROSHAN
Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 12.09.2017 (Annexure-6) issued under Memo No. 3912 by respondent no.5; whereby an order for deduction of pension to the tune of 15% of the payable pension for 5 years has been passed for the alleged irregularity for the year 2003-2004 in Micro Lift Project under Water Resources Departent, Bokaro for which the preliminary enquiry and show cause were completed in 2007 but no order was passed till the date of retirement of the petitioner on 31.12.2016.
3. The brief facts of the case is that while the petitioner was serving as Junior Engineer in Minor Irrigation Department and was posted at Chas, Bokaro and was incharge as Junior Engineer for Jaridih Area within the District of Bokaro, a tender for Micro Lift Project Work was floated and M/s Jai Mahalaxmi Construction was selected for completion of the work.
The fact further reveals that in connection with the aforesaid project a file was created and a direction was isused for preliminary enquiry and pursuant to the said direction vide letter
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
The court established that under the Jharkhand Pension Rules, any disciplinary action or show-cause notice related to alleged misconduct must be initiated within four years of the event, failing whic....
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.
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.
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