BRAJ KISHORE SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent no. 2-the Secretary, Department of Animal Husbandry and Fisheries, Government of Jharkhand to drop the departmental proceeding initiated against the petitioner under rule 43(b) of Jharkhand Pension Rules, 2000 pursuant to memo of charge dtd. 5/2/2003 issued by the respondent no. 2 as contained in memo no. 385 dtd. 8/2/2003.

(2.) Learned counsel for the petitioner submits that pursuant to issuance of memo of charge dtd. 5/2/2003, an inquiry was conducted by the Deputy Secretary, Department of Animal Husbandry and Fisheries, Government of Jharkhand (the respondent no. 3) and the report was submitted by him to the Principal Secretary on 31/8/2008, however no decision has yet been taken by the disciplinary authority.

(3.) Mrs. Vandana Singh, learned Sr.S.C.-III appearing on behalf of the respondents, while referring to paragraph-21 of the counter affidavit, submits that initially 90% of the pension was provisionally sanctioned to the petitioner vide departmental letter no. 1884 dtd. 12/7/2003. Remaining 10 % of the pension, full gratuity and leave encashment were also sanctioned in favour of the petitioner vide departmental notification no. 1744 dtd. 1/12/2015 in the light of order dtd. 28/8/2007 passed by this Court in L.P.A. No. 714 of 2004 (Dr. Dudhnath Pandey Vs. The State of Jharkhand and Ors.) as well as the order dtd. 14/8/2013 passed by the Hon'ble Supreme Court in Civil Appeal No. 6770 of 2013 [arising out of S.L.P.(Civil) No. 1427 of 2009] with Civil Appeal No. 6771 of 2013 [arising out of S.L.P.(Civil) No. 1428 of 2009].