JAGANNATH PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging order dated 19.09.2011 which was modified by order dated 21.02.2013, the petitioner has approached this Court. The brief facts of the case, are that, the petitioner was appointed as Sill Clerk on 12.02.1984. A Charge memo was served upon the petitioner on 11.03.2006. The petitioner was put under suspension by order dated 25.03.2006. A departmental proceeding was initiated into the allegation of withdrawing an excess amount of Rs. 26,132/- by order dated 09.10.2006. The order of suspension was revoked w.e.f. 30.07.2009 and thereafter, the petitioner superannuated w.e.f. 31.07.2009. The enquiry reported dated 23.12.2009 was submitted and an order imposing penalty of deduction of 5 % of the pension for 3 years and recovery of an amount of Rs. 5,29,787/-, has been passed. It is also ordered that the petitioner would not be entitled for anything except subsistence allowance during the period of suspension, as the order was modified by order dated 21.02.2013 by deleting the order of recovery of an amount of Rs. 5,29,787/-:

(2.) A counter-affidavit dated 17.02.2010 has been filed by the respondent Nos. 2, 3 & 4 stating as under:

(3.) A counter-affidavit dated 14.10.2011 has been filed stating as under: