NAYAN KANT PATHAK Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Initially the writ petition was preferred by the petitioner, who had retired on 30.11.2007 from the post of Welfare Observer, Karown, District-Deoghar, for payment of entire post retirement benefits including GPF, Leave Salary, Gratuity, Pension, Insurance amount etc. and the benefits of pay revision alongwith balance amount of salary from 22.8.1998 till 30.11.2007 @ 50% for the period of his suspension. During the pendency of the writ petition, the petitioner has been imposed with a punishment of recovery of Rs. 2,19,564/- on being found guilty in the departmental proceeding vide memo No. 610 dated 15.3.2010. The said order has been passed under Rule 43(b) of the Jharkhand Pension Rules and the same has also been challenged subsequently by the petitioner through I.A. No. 2042 of 2011.

(2.) The respondents have also filed their counter affidavits and reply to the said I.A. thereafter.

(3.) The petitioner was initially appointed on 14.10.1986 as Kalyan Grain Gola Sewak on temporary basis and thereafter nomenclature of the said post was changed as Welfare Supervisor. The petitioner continued on his re-designated post till 30.1.1996. Thereafter, the petitioner was directed to hold the post of Block Welfare Officer, Karown, District-Deoghar. However, vide memo No. 3797 dated 24.7.1999, he was placed under suspension w.e.f. 22.8.1998 under Rule 99 of the Bihar Service Code. Two criminal cases being Karown P.S. Case No. 42 of 1998 and Karown P.S. Case No. 45 of 1998 were registered under Section 409 of the Indian Penal Code against the petitioner. The petitioner had earlier challenged the order of suspension before this Court in W.P. (S) No. 4053 of 2005, which was, however, disposed of without interfering with the order of suspension directing the Judicial Magistrate, concerned to conclude the trial and deliver the judgment within a period of six months. On retirement of the petitioner on 30.11.2007, his suspension was revoked vide order dated 13.12.2007, Annexure-4 issued by the Special Secretary, Welfare Department, Government of Jharkhand. Thereafter, the petitioner represented before the respondent authorities and came before this Court for the instant reliefs.