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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Gopal Ram Rajak – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. background and allegations against petitioner (Para 2 , 3 , 4) |
| 2. petitioner's arguments regarding procedural errors (Para 5) |
| 3. respondent's justification for penalty (Para 6 , 7) |
| 4. lack of evidence for pecuniary loss (Para 8 , 9) |
| 5. punishment must align with allegations (Para 10) |
| 6. writ application allowed; order for pension calculation (Para 11 , 12) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order as contained in Memo No.5663 dated 31.12.2018 (Annexure-6), passed by the respondent no.3; whereby order has been issued against this petitioner that 5% of deduction will be done from the pensionable amount for the period of 5 years.
3. Brief facts of the case as it appears from the pleadings is that the petitioner has been working as Executive Engineer in the Western Kosi Bank Division, Kunauli, Birpur, of the River Kosi. During this time for the period between 15.06.2002 to 15.10.2002, the flood on the river Kosi was at its peak, and therefore, the flood relief operations were being undertaken by the Government. The Department was the respo
Disciplinary actions against public servants must substantiate claims of misconduct with findings of pecuniary loss, failing which such actions are arbitrary and unenforceable.
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
Disciplinary actions against retired government employees must adhere to procedural norms and valid evidence; Rule 43(a) pertains to future conduct and not misconduct occurring during service.
The main legal point established is the requirement to prove charges with a preponderance of probability and the mandatory nature of procedural rules in departmental proceedings.
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