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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Brajeshwar Singh S/o Late Ugrah Singh – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
I.A. No. 1151 of 2025:
1. The present interlocutory application has been filed under Section 5 of the Limitation Act, 1963 to condone the delay of 50 days in filing the present appeal.
2. Having heard learned counsel for the appellants and on being satisfied with the reasons set out in the present interlocutory application, the said delay in filing the present appeal is hereby condoned.
3. I.A. No.1151 of 2025 is, accordingly, disposed of.
L.P.A. No. 102 of 2025:
4. The present appeal has been filed against the order/judgment dated 24.04.2024 passed by the learned Single Judge of this Court in the case of W.P.(S) No. 6757 of 2027 whereby the order as contained in Memo No. 3912 dated 12.09.2017 issued under the signature of the Under Secretary, Water Resources Department, Government of Jharkhand, imposing punishment of 15% deduction from the pension of the writ petitioner/respondent, namely, Brajeshwar Singh for a period of five years, has been quashed.
Facts of the Case
5. The writ petitioner/respondent had joined the service as Junior Engineer in the year 1979 under the Water Resources Department, Government of Bihar and after bifurcation, his cadre was alloca
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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