The entire service record must be evaluated before withholding pension; a single instance of irregularity does not justify such action.

JUDGMENT :

Per Sujit Narayan Prasad, J.

Prayer

1. The instant appeal preferred under Clause-10 of Letters Patent is directed against the order dated 17.03.2023 passed by the learned Single Judge of this Court in W.P.(S) No.5009 of 2022, whereby and whereunder, the writ petition has been dismissed by declining to interfere with the decision taken by the authority withholding the pension to the extent of 10 per cent for two years.

Facts

2. The brief fact of the case, as per the pleading made in the writ petition, required to be enumerated, which reads as under:-

3. It is the case of the writ petitioner that he has retired from the post of Engineer-in-Chief, Drinking Water and Sanitation Department, Govt. of Jharkhand, Ranchi on 28.2.2022. There is an allegation that while he was posted as Superintending Engineer, Drinking Water and Sanitation Department, Urban Circle, Ranchi, he technically sanctioned a construction of brick masonry Channel with RCC Culvert in 1st phase pipe in filtration plant campus at Rukka under DW & S, S/R Head Works Division, Ranchi for a sum of Rs.26,22,247.00/- on 10.12.2012.

4. It is the case of the writ petitioner, appellant herein, that the entire service period of the writ petitioner was unblemished, as he was promoted from the post of Assistant Engineer and ultimately to the post of Engineer-in-Chief.

5. After 15 days from the date of his superannuation, the writ petitioner was served with a show cause dated 15.3.2022 alleging therein that he technically sanctioned the aforesaid work, but within one year of the said work, the brick guard wall collapsed due to defect in the design, thus, the services of the writ petitioner was held unsatisfactory and in view of the aforesaid unsatisfactory service, the Government was intended to invoke the Rule 139 of the Jharkhand Pension Rules.

6. It is evident from the factual aspect that the writ petitioner while posted as Superintending Engineer, Drinking Water and Sanitation Department, Urban Circle, Ranchi, has technically sanctioned a construction of brick masonry Channel with RCC Culvert in 1st phase pipe in filtration plant campus at Rukka under DW & S, S/R Head Works Division, Ranchi.

7. After rendering his service, the writ petitioner has superannuated from service on attaining the age of superannuation on 28.02.2022. The respondent-authority has issued show cause notice on 15.03.2022 after 15 days from the date of his superannuation alleging therein that he technically sanctioned the aforesaid work but within one year of the said work, the brick guard wall collapsed due to defect in the design, thus, the services of the writ petitioner was held unsatisfactory.

8. The respondents-authorities, in view of the aforesaid allegation by invoking the jurisdiction conferred under Rule 139 of the Jharkhand Pension Rules, has passed the order on 09.09.2022, by which, the punishment has been inflicted with penalty of reduction of 10 per cent pension for two years.

9. The writ petitioner, being aggrieved with the same, has approached to this Court by filing the writ petition being W.P.(S) No.5009 of 2022. The learned Single Judge had dismissed the writ petition on the ground that the power which has been invoked under the provision of Rule 139 of the Jharkhand Pension Rules has correctly been applied, which is the subject matter of the present appeal.

Arguments of the learned counsel for the appellant

10. Mr. Manoj Tandon, learned counsel for the appellant has taken the following grounds in assailing the impugned order that:-

(i) The provision of Rule 139 as contained under Jharkhand Pension Rules is not all applicable, in view of the fact that the aforesaid statutory provision confers power upon the State to reduce the pension only in a case, if the service of the employee has not found to be thoroughly satisfactory or in the case of grave misconduct that too, such decision can only be taken within 3 years from the date of pension having been sanctioned by the sanctioning authorit