JAGDISH CHANDRA GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of order dated 20.04.2017 by which he has been imposed penalty of recovery of Rs. 4,76,743.50 from pension.

(2.) In the incident of theft which took place between 27.11.2012 and 28.11.2012, a departmental proceeding was initiated against the petitioner vide order dated 15.04.2014. The enquiry report dated 07.12015 records a finding that had the petitioner been not negligent and keys of the chest remained with him, the incident would not have occurred. The petitioner has been found responsible for the theft of Rs. 9,53,487.00. A second show-cause notice under Rule 43(b) of the Jharkhand Pension Rules, 2000 was issued to the petitioner to which he submitted his reply on 03.03.2016. Finding his reply to the second show-cause notice unsatisfactory, penalty of Rs. 4,76,743.57 to be recovered from his pension has been imposed upon him.

(3.) Referring to the letter dated 04.07.2014, the learned counsel for the petitioner submits that it is not the petitioner who retains the chest-key and while so, he cannot be held responsible for theft of Rs. 9,53,487.00. Another plea taken by the petitioner is that the person who infact is responsible for the theft has not been proceeded against in the departmental enquiry.