JUDGMENT :

ANANDA SEN, J.

Petitioner, in this writ petition, has prayed for the following reliefs: -

(i) To quash and set aside the order contained in Memo No.3762 dated 21.07.2015 (Annexure 8) issued under the pen and signature of respondent No.2, whereby and whereunder, an order for deduction of 10% from the pension of the petitioner has been passed for an indefinite period, after retirement of the petitioner on 30.06.2013;

(ii) To also quash and set aside the appellate order contained in Memo No.939 dated 18.02.2021 (Annexure 11), communicated by the respondent No.2, whereby and whereunder the appeal preferred by the petitioner has been rejected;

(iii) To quash and set aside the entire departmental proceeding initiated against the petitioner including the memo of charge dated 26.03.2014 (forwarded to the petitioner by resolution contained in Memo No.1505 dated 25.06.2014) and the enquiry report dated 24.12.2014 (as forwarded by letter dated 13.04.2015);

(iv) To also direct the respondents to pay all pensionary benefits including gratuity, leave encashment, commutation of pension to the petitioner, in view of retirement of the petitioner on 30.06.2013 from the post of Assistant Engineer, Master Planning, Investigation and Hydrology, Circle No.I, Ranchi;

(v) To also direct the respondents to grant 3^rd MACP to the petitioner and accordingly pay the difference of salary thereof, as also fix the pensionary benefits of the petitioner after grant of 3^rd MACP and pay the same accordingly;

(vi) During the pendency of the writ petition, the impugned order contained in Memo No.3762 dated 21.07.2015 (Annexure 8) and appellate order contained in Memo No.939 dated 18.02.2021 (Annexure 11) may kindly be stayed;

(vii) For any other appropriate relief / reliefs to which the petitioner is found to be entitled in the facts and circumstances of this case as also to do conscionable justice to the petitioner;

(viii) To quash and set aside the order contained in Memo No. 3982 dated 07.08.2025 issued under the pen and signature of respondent No.3 whereby and whereunder the Leave Encashment and Gratuity of the petitioner have been withheld/adjusted.

2. Brief facts of the case is that a First Information Report being Manika Police Station Case No.23 of 2010 was lodged against the petitioner and 7 others under Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code. Pursuant to the First Information Report, investigation was conducted. The Executive Engineer, by letter No.640 dated 14.08.2010 directed that the petitioner was not to discharge his duties in view of the First Information Report and authorised the Assistant Engineer, Chandwa to perform his functions. Thereafter, the petitioner retired from the post of Assistant Engineer on 30.06.2013. After retirement, a memo of charge was issued to the petitioner on 26.03.2014 which was later formalized by Resolution contained in memo No.1505 dated 25.06.2014. The petitioner submitted his reply denying the charges. The petitioner was issued a second show cause and he replied to the same on 06.05.2015. Despite the petitioners reply, the Disciplinary Authority passed an order of punishment vide memo No.3762 dated 21.07.2015 directing deduction of 10% of pension for life. The petitioner preferred an appeal on 19.08.2015, but the same remained undecided, compelling the petitioner to file W.P.(S) No.3640 of 2016, which was disposed with a direction to decide the appeal. However, the appeal was rejected on 18.02.2021. Thus, the petitioner has moved before this Court in this Writ Petition challenging the actions and orders passed by the respondents.

3. Learned counsel for the petitioner contended that no witness was examined and no document was proved as per law by the respondents in the proceeding before the Enquiry Officer. Learned counsel submitted that the Enquiry Officer held Charge Nos.1, 3 and 4 as proved and returned the finding on Charge Nos. 2 and 5. Replies submitted by the petitioner was not consid