IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2076 of 2021 ----

Shyam Nath Dube son of Late Rameshwar Dube, resident of Flat No.301, Block-8, Sector I, Khelgaon, PO Hotwar, PS Khelgaon, Town and District Ranchi.

… Petitioner -versus-

1. The State of Jharkhand through the Secretary / Principal Secretary, Water Resources Department, Government of Jharkhand, having Office at Nepal House, Doranda, PO PS Doranda, Town and District Ranchi.

2. Deputy Secretary to Government, Water Resources Department, Government of Jharkhand, having Office at Nepal House, Doranda, PO PS Doranda, Town & District Ranchi.

3. Under Secretary to Government, Water Resource Department, Government of Jharkhand, having Office at Nepal House, Doranda, PO PS Doranda, Town and District Ranchi.

… Respondents ----

CORAM : SRI ANANDA SEN, J.

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For the Petitioner: Mr. Manoj Tandon, Advocate Ms. Neha Bhardwaj, Advocate Ms. Shivani Bhardwaj, Advocate Ms. Akansha Priya, Advocate For the Respondents: Mr. Ashutosh Anand, AAG ----

O R D E R RESERVED ON 06.01.2026 PRONOUNCED ON 15.01.2026 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 hi