DWARIKA PRASAD Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner in this writ application, has challenged the order dated 31.12.2006 (Annexure-10) passed by the respondent No. 2, whereby a proceeding under Sec. 43-B of Jharkhand Pension Rules have been ordered to be initiated against the petitioner and Enquiry Officer as well as Presenting Officer have been appointed for conducting the said inquiry.

(3.) As explained by the counsel for the petitioner, the impugned order has been assailed on the ground that it is totally illegal and contrary to the provisions of the Pension Rules. Learned counsel explains that the petitioner had retired from service on 31.1.2003 and almost four years thereafter, a proceeding under Rule 43(B) of Jharkhand Pension Rules is sought to be initiated and that too, in respect of an alleged event which took place way back in between 1985 to 1996. Learned counsel refers in this context to the Proviso (ii) of Sub-Rule B of Rule 43 of the Pension Rules and submits that the Rules categorically stipulates that no such proceeding can be initiated in respect of any event which took place not more than four years before the institution of such proceedings.