Bikram Singh vs The State Of Jharkhand & Ors
2022 Latest Caselaw 4425 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       W.P.(S) No.2879 of 2017


            Bikram Singh                           ..........                Petitioner
                                     Versus


            The State of Jharkhand & Ors.           .........               Respondents

            CORAM       : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                                  ---------

                  For the Petitioner        : Mr. Lalan Singh, Adv.
                  For the State             : Mr. Mrinal Kanti Roy, GA-I
                                       ---

15/04.11.2022     Learned counsel appearing for the petitioner submits that it is a

case where the departmental proceeding has been initiated which is not inconsonance with the explanation furnished under the provision of Rule 43-B of the Jharkhand Pension Rules, which provides for a proceeding for misconduct against the pensioner, is required to be initiated only in a case where the occurrence has taken place prior to four years from the date of superannuation.

It has further been submitted that three delinquent employees have been proceeded under the provision of Rule 43-B of the Jharkhand Pension Rules and all the delinquents including the petitioner has assailed the final order passed by the State Government withholding the pension. Two of the delinquents, although of the other department have challenged the said order and by taking into consideration the judgment rendered by the Hon'ble Apex Court rendered in the case of State of Bihar & Ors. Vrs. Md. Idris Ansari, reported in 1995 Supp. (3) Supreme Court Cases 56, the order has been passed in favour of the concerned employee, therefore, submission has been made that since similar issue is involved in this case, as such, deducted amount which has been deducted in pursuant to the decision of the State Government in a proceeding initiated under Rule 43-B, may be paid in favour of the petitioner.

It has further been submitted that the petitioner is also entitled for 2nd upgradation in the ACP w.e.f. 09.08.1999, since, 1st upgradation has already been paid. It has further been submitted that the petitioner is entitled to get 2nd upgradation since he has completed 40 years of service.

Mr. Mrinal Kanti Roy, learned GA-I appearing for the State of Jharkhand has not disputed the legal position as has been settled on behalf of the petitioner but he is fair enough to make submission that the matter may be referred to Lok Adalat, so that the matter may be settled finally.

Considering the aforesaid submission, let this matter be referred to Lok Adalat.

Let this order be communicated to the Addl. Chief Secretary, Department of Forest and Environment, Govt. of Jharkhand to do the needful, so that, the matter be settled in the Lok Adalat.

(Sujit Narayan Prasad, J.)

Rohit/-