SAHDEO PRASAD Vs. STATE OF JHARKHAND, THROUGH SECRETARY

JUDGEMENT

(1.) When provisional pension to the petitioner was stopped by the respondents from April, 2006, on his enquiry through an application made under RTI he was informed that in view of his conviction in R.C. No.19(A)/96 on 12.04.2006 his provisional pension has been stopped. Aggrieved, the petitioner has approached this Court.

(2.) The learned counsel for the petitioner submits that without issuing a showcause notice and without affording an opportunity of hearing a right akin to the right under Article 300A of the Constitution of India cannot be taken away.

(3.) In the present proceeding the petitioner has not disputed his conviction in a criminal case by the judgment dated 12.04.2006. He has been granted bail when the order of sentence was suspended by this Court, however, judgment of conviction in R.C. No.19(A)/96 has not been stayed by this Court in Cr. Appeal(SJ) No.776 of 2006. Under Rule 43(b) of Jharkhand Pension Rules, 2001, the Government has powers to withhold or withdraw a part of the pension or fully if an employee has been found guilty in a departmental proceeding or he has been convicted in a criminal case.