CHANDRA KANT JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. The petitioner has prayed for quashing that part of the order dated 23.2.2004 (An -nexure -6) by which pension and gratuity has been refused in view of the Rule 46 of the Bihar Pension Rules, 1950 .

(2.) IT appears that petitioner was removed from his service with effect from 28.11.1986 (Annexure -1) on the ground that petitioner was found guilty in two departmental enquiries for negligence of duty, disobedience of the orders of the superior officers, dereliction of duty and assaulting the superior officer, and also theft of Government property and, therefore, he can not remain in Government service. Petitioner challenged order of his removal in Writ Petition No. 6650 of 1998. The said writ petition was disposed of on 1.11.1999, concluding as follows :

(3.) LEARNED counsel for the petitioner relies on the judgment dated 29.1.1985 -1985 PLJR 446 and submits that petitioner has not been dismissed from his service, rather his service has simply been terminated and, therefore, in view of the said judgment petitioner is entitled to pension and gratuity.