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DEEPAK ROSHAN
Ranjeet Kumar Rana – Appellant
Versus
State of Jharkhand through the Chief Secretary, Govt. of Jharkhand, Ranchi – Respondent
JUDGMENT :
Deepak Roshan, J.
Heard learned counsel for the parties.
2. The instant application has been preferred by the petitioner for the following reliefs:
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....
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
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.
Departmental proceedings can be deemed initiated prior to retirement if the charge memo is served while the employee is still in service, regardless of when the formal initiation occurs.
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