BRIJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant intra-court appeal under Clause 10 of the Letters Patent has been preferred against the order/judgment dtd. 9/9/2020 passed by learned Single Judge in W.P.(S) No. 2005 of 2018 by which the writ petition was dismissed declining to interfere with notification dtd. 26/12/2017 as contained in Memo No. 4582 whereby decision has been taken that 10% pension of the petitioner will be deducted from the pension for the next five years.

(2.) Brief facts of the case, as per the pleadings made in the writ petition, read as under:

(3.) Learned counsel for the appellant has assailed the order passed by learned Single Judge on the ground that impugned order 26/12/2017 has been passed by invoking the provision as contained under Sec. 139(C) of the Jharkhand Pension Rules and as such the order of punishment passed under Sec. 139(c) of the Pension Rules cannot be said to be justified reason being that once the proceeding has been converted under Rule 43(b) of the Pension Rules there was no authority to the State Government to take decision of reduction of 10% pension by invoking the jurisdiction conferred under Rule 139(c) of the Pension Rules.