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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Wakil Singh, S/o Late Jung Bahadur Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. dismissal of writ application for pension encashment (Para 1) |
| 2. petitioner seeks relief against pension penalty. (Para 2) |
| 3. petitioner's arguments against disciplinary actions (Para 3 , 4) |
| 4. details surrounding disciplinary proceedings and violations (Para 5 , 6 , 8) |
| 5. contempt proceedings related to violation of interim orders (Para 10 , 11 , 13 , 14) |
| 6. suspension due to misconduct during contractual agreements (Para 15 , 16) |
| 7. reply submissions and defenses in disciplinary action (Para 18 , 19 , 20) |
| 8. final decision on pension legality and misconduct. (Para 28) |
| 9. remand of matters back for reconsideration post-appeal (Para 30 , 33) |
| 10. provisions concerning pension adjustments and misconduct (Para 39 , 41) |
| 11. judicial interpretation of pension rules (Para 49 , 50) |
| 12. consequences of deliberate non-compliance with court orders (Para 51 , 52 , 53) |
| 13. final ruling and dismissal of the writ petition (Para 60 , 61) |
JUDGMENT :
SANJAY PRASAD, J.
1. This writ application has been filed on behalf of the petitioner for the following reliefs:-
(a) For the quashing and setting aside the order passed vide Notification No. Nig/Sara-3-Karya-5-179/2009/5598(s) dated 30.08.2016 (Ann
Civil servants may face disciplinary actions affecting pensions for misconduct, even post-retirement, especially for violating judicial commands, underscoring accountability.
The jurisdiction of a state to impose disciplinary actions on an employee ceases once the employee is allocated to another state, and any disciplinary proceedings must adhere to statutory time limits....
Disciplinary proceedings against government employees must be conducted fairly, based on adequate evidence, and require reasoned decisions to uphold the principles of natural justice.
The entire service record must be evaluated before withholding pension; a single instance of irregularity does not justify such action.
Disciplinary proceedings against a retired government servant must comply with statutory requirements, including issuing a second show-cause notice and following appropriate rules for post-retirement....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
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