LALJIT PRASAD SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, in this writ petition, has prayed for direction upon the respondents to release the entire post retiral benefits and to pay his full pension, full gratuity and leave encashment, which have been withheld by the respondent authorities.

(2.) The petitioner joined his services on 26.2.1985 and had served in different places during his service career. After bifurcation of the State, the petitioner was allotted Jharkhand Cadre. The petitioner superannuated with effect from 30.11.2016 while he was posted in the office of the Conservator of Forest, Working Plan Circle Dumka, Deoghar. A departmental proceeding was initiated against the petitioner in the year 2014 on the basis that he was involved in illegal trade of forest produce as well as was gross negligent towards his duties was involved in insubordination. After the departmental proceeding, the petitioner was punished as two of the charges were found to be proved whereas, one charge was found to be proved partly. Thereafter, the punishment of withholding of one increment with non-cumulative effect along with censure was imposed upon the petitioner on 30.9.2016.

(3.) On 26.9.2016, an FIR was lodged against the petitioner being Vigilance P.S. Case No. 65/2016 (Vigilance Case No. 69/2016) under Section 409 of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. The said case is still pending. In the meantime, as mentioned earlier, the petitioner superannuated on 30.11.2016.