RAJENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. By the impugned order dated 10.5.2011 issued by the Special Secretary, Government of Jharkhand, all the admissible post retirement dues of the petitioner has been kept in abeyance apparently on his conviction by the Fast Tract Court, Patna in Case No. 1267 of 1994 for the offences under Section 302 of the Indian Penal Code and 27 of the Arms Act and on being sentenced to undergo life imprisonment.

(2.) LEARNED counsel for the petitioner has submitted that the said judgment of the Trial Court is pending in Cr. Appeal No. 175 of 2004 before the learned Division Bench of the Patna High Court. Assailing the impugned order, it has further been stated that the admissible post retirement dues of the petitioner like the pension and gratuity have been withheld without any issuance of show cause notice or opportunity to the petitioner. He was serving as Assistant having been appointed on 30.10.1980 and confirmed in the year 1987 and superannuated on 30.4.2004 as Section Officer.

(3.) LEARNED counsel for the respondent -State has submitted that the impugned order of stoppage of pension has been issued on the basis of advice of the Law Department and the Finance Department based upon the resolutions dated 22.8.1974 bearing Memo No. 9144 and dated 31.10.1974 bearing Memo No. 11260 of the Finance Department. The petitioner has been convicted of a serious offences of murder under Section 302 of the Indian Penal Code and sentenced for life imprisonment. Therefore, such action has been taken in exercise of power conferred under the Jharkhand Pension Rules.