NAVNEET KUMAR SHISHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties through video conferencing. They had no complaint in respect of the audio and video clarity and quality.

(2.) In this writ petition, the petitioner has as prayed for a direction upon the respondent authorities for payment of gratuity and 10% pension to the petitioner, which have been withheld by the respondent authorities, along with penal and statutory interest.

(3.) Counsel for the petitioner submits that the petitioner was posted as Factory Inspector and got superannuated with effect from 30/6/2019. He submits that during course his service tenure, he was implicated in a criminal case being Vigilance P.S. Case No. 01/2006 dtd. 9/1/2006 under Ss. 7 and 13 of the Prevention of Corruption Act. He further submits that the case is pending before the Additional Judicial Commissioner-VIII, Ranchi. He also submits that on the pretext of pendency of the said criminal case, the respondent authorities have withheld gratuity and 10% pension of the petitioner. Counsel for the petitioner admits that 90% pension has been paid to the petitioner. He further submits that the respondents are taking shelter of Rule 43(c) of the Jharkhand Pension Rules, but in the case of the petitioner, the same cannot be applied. During course of argument, the counsel for the petitioner only relies upon the judgment passed in the case of Dr. Hira Lal -Vs.- State of Bihar and Others reported in (2020) 4 SCC 346. By relying upon the aforesaid judgment, he submits that the respondent authorities have acted beyond their jurisdiction to deduct 10% pension and withhold the entire gratuity of the petitioner. He further submits that Rule 43(c) of the Jharkhand Pension Rules cannot be made applicable so far as this petitioner is concerned.