Pension reduction requires either proven 'grave misconduct' established through a formal departmental inquiry providing due opportunity for hearing, or a holistic evaluation finding the entire service record 'not thoroughly satisfactory'. A single alleged irregularity, without formal proceedings, is insufficient to justify such financial penalties under pension regulations.

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 allocated to Water Resources Department, Government of Jharkhand. He was subsequently transferred to Minor Irrigation Division, Bokaro, where he joined as Junior Engineer at Jaridih Sub-division on 05.10.2002.

6. A complaint was lodged by the former Transport Minister, Government of Jharkhand through a letter written to Water Resources Department, Government of Jharkhand alleging therein that financial irregularities were made by the then Executive Engineer, Minor Irrigation Division, Bokaro in connivance with Assistant Engineer and other Junior Engineers of the said division as well as the contractor, namely, M/s. Jai Mahalakshmi Construction, Bokaro with respect to various approved Microlift schemes for different blocks of Bokaro district for the year 2003-04.

7. The said allegation was enquired separately by the Departmental Flying Squad Team and the Chief Engineer, Minor Irrigation, Water Resources Department, Ranchi and the enquiry report submitted by them revealed that the entire expenditure incurred in construction works of the said schemes for the purpose of irrigation had failed to produce the expected results.

8. The petitioner was issued show cause notice vide Memo No. 3669 dated 17.07.2015 which was replied by him on 08.08.2015. Subsequently, the petitioner retired from service on 31.12.2016. Thereafter, he was issued second show cause notice under rule 139 of Jharkhand Pension Rule, 2000 vide letter no.2079 dated 02.05.2017 which was also replied by him vide letter dated 14.05.2017. Finally, an order of punishment was passed, 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 penalty of 15% deduction in pension of the writ petitioner for a period of five years.

9. Aggrieved with the aforesaid order of punishment, the respondent/writ petitioner filed a writ petition being W.P.(S) No.6757 of 2017 which was allowed by the learned Single Judge vide impugned judgment and order dated 24.04.2024 quashing the order of punishment as contained in memo no.3912 dated 12.09.2017.

10. The learned counsel for the appellants submits that the observation made by