JYOTISH CHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the order communicated vide memo no. 143(2), Ranchi, dtd. 23/4/2019 (Annexure-4), whereby the gratuity of the petitioner has been withheld due to pendency of criminal case i.e. Vigilance Case No. 15 of 2009 and further the commutation of pension has been disallowed until the final outcome of the said criminal case. Petitioner has further prayed for a direction upon the respondents for releasing the entire amount of gratuity and also allow the commutation of pension as per Pension Rule that existed prior to promulgation of Rule 43(c), notified vide notification dtd. 23/7/2018 for the reasons that petitioner superannuated on 31/1/2018 itself i.e. prior to coming into existence of the said notification.

(3.) As per factual matrix, the petitioner retired from post of Registrar, Department of State Ayush Medical Board, Jharkhand, Ranchi, on 31/1/2018. It is the case of the petitioner that though he performed his duties with utmost sincerity and honesty but during his service period, he was put under suspension w.e.f. 3/4/2010, vide order dtd. 22/4/2010, on the ground initiation of one criminal case i.e. Vigilance Case No. 15 of 2009, against the petitioner, which is still pending. However, the suspension order stood revoked vide order dtd. 11/6/2011. Thereafter vide order dtd. 28/7/2016, the respondents decided to initiate a departmental proceeding on the same charges and evidences as in the criminal case but the same was stayed by the Department vide order dtd. 27/11/2017 until the final outcome of the criminal case. It is the further case of the petitioner that on 31/1/2018 petitioner retired and after his retirement, the entire retiral benefits have been extended to him save and except the amount of gratuity and also petitioner was not allowed to commute the pension as per the provision of Pension Rules. The petitioner made several representations but to no effect.