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S. N. PATHAK
Kaushal Kishore, son of Late R. N. Singh – Appellant
Versus
State of Jharkhand through the Secretary, Road Construction Department – Respondent
JUDGMENT :
S. N. PATHAK, J.
Heard the parties.
2. Apart from individual prayers made in all the aforesaid writ petitions, common questions of law are involved in all these writ petitions and as such they have been tagged and heard together and are being disposed by this common order.
PRAYER OF THE PETITIONER in W.P.(S) No. 3928 of 2022
3. Petitioner has prayed for quashing of the order as contained in Memo No. 3607(s), dated 25.11.2021 (Annexure-10), issued under the signature of Under Secretary inasmuch as entire gratuity, commutation of pension and 10% of the pension of the petitioner has been withheld on account of pendency of criminal proceeding, not related or connected with misappropriation or causing of any pecuniary loss to the State exchequer.
Petitioner has further prayed for a direction upon the respondents to grant him full pension along with consequential arrears, gratuity and commutation of pension.
Petitioner has further prayed for payment of difference of salary minus subsistence allowance for the period of suspension from 28.09.2019 to 04.11.2019.
Petitioner has further prayed for grant of benefits of 3rd MACP due upon him on completion of 30 years of service i.e. on 10.08
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
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.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
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