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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, CJ, RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Nabin Narayan – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
1. I.A No. 1797 of 2025 (in L.P.A No. 358 of 2025) has been filed under Section 5 of the Limitation Act, 1963 to condone the delay of 145 days occurred in filing the present appeal.
2. I.A No. 6797 of 2025 (in L.P.A No. 719 of 2025) has been filed for condonation of delay of 93 days occurred in filing the present appeal.
3. Having heard learned counsel for the appellants and on being satisfied with the reasons set out in the present interlocutory applications, the said delay occurred in filing the present appeals is hereby condoned.
4. The present interlocutory applications are accordingly disposed of.
Facts of the cases
5. L.P.A No. 358 of 2025 is directed against the judgment/order dated 20.08.2024 passed by the learned Single Judge in W.P.(S) No. 4959 of 2022 whereby the order as contained in Memo No. 4250 dated 08.08.2022 issued by the Joint Secretary, Water Resources Department, Government of Jharkhand (the appellant No.2) imposing penalty of 5% deduction from the pension of the respondent/writ petitioner (hereinafter referred to as the R1) for a period of two years, has been quashed observing that the initiation of departmental proceeding under Rule 139
A government employee's pension can only be reduced for proven grave misconduct, not based solely on isolated allegations, following proper procedural safeguards.
The entire service record must be evaluated before withholding pension; a single instance of irregularity does not justify such action.
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.
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 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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