(Rabindra Nath Panda vs . The State Of Jharkhand & Ors.)
2021 Latest Caselaw 1489 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P. (S) No. 5304 of 2018
                (Rabindra Nath Panda Vs. The State of Jharkhand & ors.)
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK (Through: Video Conferencing) For the Petitioner : Mr. Anil Kr. Sinha, Sr. Advocate Mr. A.K. Sahani, Advocate For the Respondents : Mr. Kaushik Sarkhel, GA-V

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08/ 23.03.2021 Learned Sr. counsel for the petitioner submits that impugned order is not tenable in the eyes of law as ingredients of Rule 43 (B) of Pension Rule is not fulfilled in the enquiry report. Even, the allegations /charges have not been proved and order has been passed for recovery from the pensionary benefit, which is not tenable in the eyes of law. Learned Sr. counsel places heavy reliance on the reported judgment of Hon'ble Apex Court in case of Bindeshwari Chaudhary Vs. State of Bihar & Ors., reported in (2017) 13 SCC 277.

On the other hand, learned counsel for the respondents seeks sometime.

Prayer is accorded.

Put up this case after two weeks after Holi Holidays under the same heading.

(Dr. S.N. Pathak, J.) punit/-