LAWS(JHAR)-2009-8-203

DWARIKA DHISH PRASAD SINGH Vs. STATE OF JHARKHAND

Decided On August 13, 2009
Dwarika Dhish Prasad Singh Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) The present petition has been preferred mainly for the reason that though the petitioner has retired as Inspector, Home Guard with effect from 1st Sept., 2001, but, several retirement benefits like Gratuity, Leave Encashment benefit, Assured Career Progression, Final amount of Pension, and the like have not been paid yet, to the petitioner for no justifiable reasons and, therefore, this petition has been preferred.

(2.) It is also submitted by learned counsel for the petitioner that no civil or criminal inquiry is pending against the present petitioner. no notice has been received by him for the respondents, even during the service or after the retirement. One proceeding was initiated against the present petitioner for the same charges, in which petitioner has been exonerated. Thus, nothing is pending as on today on civil or criminal side against the present petitioner and. therefore. all the retirement benefits ought to have been paid by the respondents with interest.

(3.) I have heard learned counsel appearing for the respondents, who has submitted that counter-affidavit has been filed by one Sri Shyam Chandra Jha, S/o Late Krishna Dev Jha. Resident of District Dumka, who is working as Divisional Commandant, Jharkhand Home Guards. He has stated in Paragraph No. 7 of the counter-affidavit that the petitioner misappropriated the Government property at Bokaro and. therefore. the dues are not paid.