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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Jagnarayan Pandey son of Late Surjnath Pandey – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
By filing this writ petition, petitioner has prayed for the following reliefs: -
(i) For quashing of order dated 21.10.2014 passed by respondent No.3 (Annexure 2), whereby and whereunder the petitioner has been found that in all cases he has not performed his liability with due diligence and further it has been found that the petitioner cannot be considered out of charges.
(ii) For quashing of memo No.869 dated 05.10.2015 passed by respondent No.4 i.e. Deputy Commissioner, Garhwa (Annexure 5) whereby and whereunder the respondent No.4 has been pleased to affirm the order of respondent No.3 and petitioner has been punished for deduction of 10% of pension from his whole pension period in accordance with Pension Rule 139 (B).
(iii) For quashing of order Memo No.562 dated 13.08.2018 passed by respondent No.5, i.e., Commissioner, Palamau Division (Annexure 6), whereby and whereunder the appeal filed by the petitioner has been rejected.
2. From the writ petition, the case of the petitioner is that the petitioner was appointed on 31.03.1981 as Revenue Karamchari in Bhandaria Circle. He was transferred on 07.08.1986 to Garhwa Circle. He superannuated on 31.08.2012 while working as Reve
Authority cannot invoke pension reduction after full pension has been sanctioned; revisional powers are reserved for the State Government under Rule 139(c) of Jharkhand Pension Rules.
The entire service record must be evaluated before withholding pension; a single instance of irregularity does not justify such action.
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
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.
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....
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