SURESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In W.P.(S) No. 3934 of 2013, the petitioner has inter alia prayed for issuance of writ of certiorari for quashing of memo no.800/Ranchi dated 19.02.2013 passed by respondent no.3 pertaining to initiation of departmental proceeding against the petitioner, invoking provisions of Rule 55 of Civil Services (Classification, Control and Appeal) Rules 1930 read with Rule 43(b) of the Jharkhand Pension Rules, and for issuance of writ in the nature of mandamus for a declaration that the departmental proceeding initiated against the petitioner in terms of memo no.800/Ranchi dated 19.02.2013 issued under the signature of respondent no.3 is wholly illegal and without jurisdiction, and prayer has been made for stay of operation of the impugned memo no.800/Ranchi dated 19.02.2013 issued by respondent no.3 during pendency of the writ petition.

(2.) Vide order dated 17.09.2013 this Court has been pleased to pass orders to the effect that no final order shall be passed in pursuance of the resolution contained in Annexure-2 against the petitioner.

(3.) Bereft of unnecessary details, the facts, as disclosed in the writ application, in a nutshell is that initially the petitioner was appointed under Bihar Finance Services and retired from services on 31.01.2012 on attaining the age of superannuation. It has been averred in the writ application that while petitioner was continuing in services, no departmental proceeding or any kind of proceeding was initiated against the petitioner for alleged omissions or commissions by the petitioner. Since, no post retirement benefits was given to the petitioner, the petitioner was constrained to approach this Court in W.P.(S) No.4929 of 2012, which is being disposed of along with this writ petition by the consent of the parties.