SWETABH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the Notification No. 4/2016-3836 dtd. 9/9/2022 (Annexure-5), whereby, the petitioner has been inflicted with penalty of deduction of 10% pension for two years.

(2.) The petitioner retired from the post of Engineer-in-Chief, Drinking Water and Sanitation Department, Govt. of Jharkhand, Ranchi on 28/2/2022. There is an allegation that while he was posted as Superintending Engineer, Drinking Water and Sanitation Department, Urban Circle, Ranchi, he technically sanctioned a construction of brick masonry Channel with RCC Culvert in 1 phase pipe in filtration plant campus at Rukka under DW and S, S/R Head Works Division, Ranchi for a sum of Rs.26,22,247.00 on 10/12/2012. The petitioner after completion of his service superannuated. The entire service period of the petitioner was unblemished as he was promoted from the post of Assistant Engineer and ultimately to the post of Engineer-in-Chief. After 15 days from the date of his superannuation, the petitioner was served with a show cause dtd. 15/3/2022 alleging therein that he technically sanctioned the aforesaid work, but within one year of the said work, the brick guard wall collapsed due to defect in the design, thus, the services of the petitioner was held unsatisfactory. It was further mentioned in the notice that in view of the aforesaid unsatisfactory service, the Government is intending to invoke Rule 139 of the Jharkhand Pension Rules.

(3.) It is the contention of counsel for the petitioner that the allegation which was levelled is in respect of an incident of the year 2012 for which, no notice under Rule 139 of the Jharkhand Pension Rules could have been issued after a lapse of ten years. For an incident, which is older than four years, cannot be a ground to pass an Order under Rule 139 of the Jharkhand Pension Rules.