Chandra Shekhar Singh vs State Of Jharkhand And Ors
2022 Latest Caselaw 4954 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                W.P.(S) No. 7281 of 2019

                Chandra Shekhar Singh                        ...      ...      Petitioner
                                         Versus
                State of Jharkhand and Ors.            ...        ...       Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate For the State of Bihar : Mr. Binit Chandra, J.C. to G.A. (Bihar) For the Accountant General: Mrs. Pinky Shaw, Advocate For the Resp. - State : Ms. Neha Pandey, A.C. to Sr. S.C. III

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12/07.12.2022 Learned counsels for the parties are present.

2. Learned counsel for the petitioner has heavily relied upon the judgment passed by Hon'ble Division Bench of this Court in L.P.A. No.281 of 2018 and submits that it has been clearly held therein that Rule 43 (b) of Pension Rules is applicable only in the proceeding with respect to the conduct of the employee , post retirement. He also submits that in the said case, the criminal case was instituted prior to retirement, but conviction was after retirement and considered scope of Rule 43 (a), the order passed under Rule 43 (a) was set aside. Learned counsel has also submitted that the judgment was delivered on the basis of judgment passed by Hon'ble Patna High Court in the case of Nityanand Kumar Singh Vs. State of Bihar & Ors. reported in 2016 (2) PLJR 315.

3. During the course of argument, it transpired that the charge sheet was submitted against the petitioner in the criminal case on 06.07.2002 as mentioned in para 8 of the counter-affidavit while the petitioner was still in service. The petitioner attained the age of superannuation in the year 2010. The provision of Rule 43 (b) of Jharkhand Pension Rules explanation (b) mentions that judicial proceeding shall be deemed to have been instituted in case of criminal proceedings, on the date on which a complaint is made or charge-sheet is submitted to a criminal court. In the present case, since the charge sheet was submitted in the criminal court prior to the date of retirement of the petitioner and ultimately the petitioner was found guilty in the judicial proceedings after retirement, it appears that the case of the petitioner would be covered by Rule 43 (b) of Jharkhand Pension Rules and not under Rule 43 (a). It appears that in the

impugned proceeding wrong provision of law has been mentioned and for all purposes, the proceeding was under Rule 43 (b) of Jharkhand Pension Rules.

4. Learned counsel for the parties seek time to respond to this observation of this Court.

5. The affidavit should be filed by 05.01.2023.

6. Post this case on 06.01.2023.

7. Let this matter be treated as part heard.

(Anubha Rawat Choudhary, J.) Saurav