IMPORTANT POINT
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 which such actions are deemed invalid.

JUDGMENT :

Deepak Roshan, J.

Heard learned counsel for the parties.

2. The instant application has been preferred by the petitioner for the following reliefs:

(1) For quashing of the Memo No. 3048 dated 17.07.2018 (Annexure-14) issued by the respondent no.3 by which the petitioner, who retired on 28.02.2014, has been issued show cause notice under Rule 139 of Jharkhand Pension Rules after more than 4 years of his retirement for the so called charges of the year 2006 that during the posting of the petitioner in Dumka District, the Bills/Vouchers of the amount of Rs.23,81,151/- has not been submitted by the petitioner, however from the advances made to the petitioner almost all the construction works/schemes had been completed and 33 Measurement Books with Bills/vouchers were handed over to the concerned Assistant Engineer on 12.12.2006 itself as evident from detail representation submitted by the petitioner on 27.11.2008 (Annexure-6), but after a lapse of more than 12 years, taking the plea that the vouchers of Rs.23,81,151/- has not been submitted, on one hand entire Gratuity has been withheld and on the other hand the final pension of the petitioner has not been fixed and an amount of Rs.23,81,151/- has been shown adjusted towards the payment of due retrial dues i.e. Gratuity etc. however no proceeding has ever been initiated against the petitioner under Rule 43 (b) of Jharkhand Pension Rules and as such withholding any amount from retrial dues is contrary to the settled principles of law laid down by Hon'ble Supreme Court of India in case of State of Bihar and Others Vrs. Mohd. Idris Ansari reported in 1995 Supp(3) SCC 56 (Annexure-15) as well as by Full Bench of this Hon'ble Court in case of Smt. Normi Topno Vrs. The State of Jharkhand reported in 2007 (4) JLJR 466.

(ii) For direction to the respondents for payment of withheld retrial dues such as Gratuity as well as 10% due pension after fixation of final pension with penal interest @ 18% per annum from the date of retirement till the date of respective payment as per the settled principles of law laid down by Hon'ble Apex Court in case of Vijay L. Mehrotra Vrs. State of U.P. and others reported in (2001) 9 SCC 687 (Annexure-16) as well as in case of D.D. Tewari through L.R. Vrs. Uttar Haryana Bijli Vitran Nigam Ltd reported in 2014 (6) SUPREME 382 (Annexure-17).

(iii) For grant of such other relief/reliefs for which the petitioner would be entitled in the facts and circumstances of the case.

3. The brief facts of the case as disclosed in this application is that the petitioner joined his service on 02.02.1979 and retired on 28.2.2014 after serving 35 years from the post of Junior Engineer from the office of the Executive Engineer, Ganga Pump Canal Division, Sahebganj and no departmental proceeding/criminal proceeding was ever initiated or was pending against this petitioner till the date of his retirement; as such the petitioner, who completed the unblemished service of 30 years was entitled for 3rd M.A.C.P. w.e.f. 02.02.2009 and accordingly vide Memo No. 2437 dated 23.7.2015 issued by the Under Secretary, Water Resources Department, Govt. of Jharkhand, Ranchi (Resp. No. 3), the petitioner was granted 3rd M.A.C.P. w.e.f. the due date i.e. 2.2.2009 in pay Band III in the scale of Rs.15600-39100/- Grade Pay 7600/-.

However, since the petitioner was deprived of payment of his retiral dues etc. even after submitting several representations to the respondents and he could not receive his legitimate dues; he preferred a writ application being W.P.S. No. 2690 of 2015 before this Court, which was heard and disposed of vide Order dated 22.9.2015 by giving liberty to the petitioner to approach the concerned respondent who shall decide the matter and pay the admissible dues.

4. The further fact of the case is that the Executive Engineer, Ganga Pump Canal Division, Sahebganj (Resp. No. 6) vide his Letter No. 5 dated 4.1.2016 sent the service book etc. of the petitioner to the District Account