Braj Bihari Sinha vs State Of Jharkhand And Ors
2022 Latest Caselaw 2341 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                    W.P.(S) No. 6442 of 2019

                 Braj Bihari Sinha                                  ...    ...    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. Prem Pujari Roy, Advocate For the Respondents : Mr. Mukesh Kr. Sinha, Advocate

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09/29.06.2022 Learned counsel for the petitioner submits that a charge sheet has been issued to the petitioner vide Annexure - 2 dated 22.01.2019 by referring to Rule 139 (c) of Jharkhand Pension Rules and the petitioner had admittedly retired in the month of 30.06.2018. He submits that no proceeding was ever initiated against the petitioner in exercise of power under Rule 43 (b) of Jharkhand Pension Rules and accordingly, the impugned proceeding and order passed under Rule 139 (c) is ex facie illegal and cannot be sustained in the eyes of law. Learned counsel for the petitioner has relied upon the following judgments:

i) W.P.(S). No.321 of 2013 (Suryadeo Prasad Vs. The State of Jharkhand and Others) passed by this Court decided on 18.08.2020.

ii) Normi Topno Vs. The State of Jharkhand decided on 11.10.2007 reported in 2008 (1) JCR 381 Jhr.

iii) Judgment passed by Hon'ble Supreme Court in the case of State of Bihar and Ors. Vs. Mohd. Idris Ansari decided on 25.4.1995 in Appeal (Civil) No.4970 of 1995.

2. From perusal of Annexure - 2, it appears that the letter in Annexure - 2 dated 23.01.2019 was preceded by another letter bearing no.4329 dated 05.12.2018, but the said letter is not on record.

3. Upon this, learned counsel for the respondents submits that he will seek instruction and file supplementary counter-affidavit in the present case annexing the said letter bearing no.4329 dated 05.12.2018 and also make specific averments in the counter-affidavit as to whether any charge sheet or any order of suspension was ever issued to the petitioner prior to his retirement and also whether any proceeding under Section 43 (b) of Jharkhand Pension Rules was initiated against the petitioner in terms of the said Rule.

4. Post this case on 13.07.2022 for further hearing.

5. Let this matter be treated as a part heard.

                 Saurav                                      (Anubha Rawat Choudhary, J.)