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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
| Table of Content |
|---|
| 1. quashing of penalty imposed on pensioners (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. arguments regarding the validity of penalty (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. requirements for imposing pension deduction per rules (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 4. dismissal of appeals and applications (Para 42 , 43) |
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 20
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.
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