WRIT PETITION 2938 of 2009 on 19 February 2001

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S). No.2938 of 2009

Suresh Mahto……....Petitioner

Versus

State of Jharkhand and others .…... Respondents

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CORAM:HON’BLE MR. JUSTICE APARESH KUMAR SINGHFor the Petitioner : M/s M.A.Khan & S.S. PrasadFor the Respondents : Mr. Jailsur Rahman, J.C to G.P. III

10/23.10.2013Heard counsel for the parties.

The grievance of the petitioner is that as a consequence of Office order contained at Annexure-4 dated 19.2.2001 issued by the District Panchayatraj Officer, Ranchi under the direction of Deputy Commissioner, Ranchi only 75% of the pension has been paid to him and payments of Group Insurance, Gratuity, Provident Fund has been withheld. The said order was passed in terms of Rule 43(B) of the Jharkhand Pension Rules in lieu of the criminal proceeding initiated against the petitioner.

The respondent no.2, Deputy Commissioner, Ranchi has filed an affidavit in which it has been stated that on charges of defalcation of Government money in connivance with the Mukhiya of Gram Panchayat, the petitioner who was panchayat Sevak was proceeded against in the criminal case being F.I.R. No. 22 of 1996 lodged at Silli Police Station. The departmental proceeding was also initiated vide memo dated 28.4.1997 and the Conducting cum Inquiry Officer was appointed on 20.12.2000. The departmental proceeding was not concluded as per the order of the Deputy Commissioner due to the fact that criminal case of the petitioner was sub-judice. The same could not be concluded till his retirement and, therefore, the order under Rule 43(B) of the Jharkhand Pension Rule was issued on 19.2.2001(Annexure-4) as well as Annexure-E to the counter affidavit. However, the respondents have stated that 75% of the pension of the petitioner has been released; he has also been paid leave encashment of 240 days; final withdrawal of G.P.F amounting to Rs. 117244/- on the basis of Authority slip dated 31.12.2002 issued by the District Provident Fund Officer and Group Insurance amount has also been released. Further, retirement gratuity amounting to Rs. 108953/- has also been released though there was restrain upon release of such amount as per the order contained at Annexure-4. Respondents have also stated that the petitioner has been convicted vide judgment dated 20.12.2003 passed by Judicial Magistrate 1[st ]Class and his appeal is still pending before the Judicial Commissioner, Ranchi. In such circumstances, the respondents have justified the issuance of order vide Annexure-4.

Learned counsel for the petitioner, in such circumstances, submits that respondents be directed to take step in respect of the departmental proceeding as the same has remained pending for almost 12 years after issuance of Annexure-4 in 2001.

Learned counsel for the respondent- State submits that the competent Authority is the Deputy Commissioner, Ranchi on whose direction Annexure-4 dated 19.2.2001 has been issued and he shall take decision in accordance with law as the petitioner has been convicted in a criminal case. Having heard counsel for the parties, in the aforesaid facts and circumstances, since it is the contention of the petitioner that the proceeding under Rule 43(B) of the Jharkhand Pension Rules have not been concluded as yet, the writ petition is disposed of by directing the Deputy Commissioner, Ranchi to take appropriate decision in accordance with law by taking into account the facts that criminal proceeding against the petitioner has ended in his conviction as per the judgment dated 20.12.2003. Such decision shall be taken within 10 weeks from the date of receipt of the copy of this order. Depending upon such decision, any legally admissible dues in relation to post retirement benefits shall be released in favour of the petitioner.

The writ petition is disposed of in aforesaid manner. However, the observations made herein above shall not be treated as comment upon the merit of the case.