Sudhir Kumar Sinha vs The State Of Jharkhand
2025 Latest Caselaw 4746 Jhar

Jharkhand High Court

Sudhir Kumar Sinha vs The State Of Jharkhand on 15 April, 2025

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                                   2025:JHHC:11389-DB




 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 L.P.A. No.22 of 2024
Sudhir Kumar Sinha, S/o Late Shyamnarayan Sinha, R/o Flat No.103,
Gulmohar Apartment, Modi Compound, Lalpur, P.O. & P.S.-Lalpur,
District-Ranchi.
                                                            ...      Appellant
                        Versus
1. The State of Jharkhand.
2. Secretary,      Road   Construction   Department,        Government        of
   Jharkhand, Ranchi.
3. Under Secretary, Road Construction Department, Government of
   Jharkhand, Ranchi.
4. Accountant General, Jharkhand, Ranchi.
                                                      ...         Respondents
                        ---------
CORAM:              HON'BLE THE CHIEF JUSTICE
            HON'BLE MR. JUSTICE RAJESH SHANKAR
                        ---------
For the Appellant :     Mr. Ashim Kr. Sahani, Advocate
For the Res.-State:     Mr. Manish Mishra, G.P.-V
                        Mr. Raunak Sahay, A.C. to G.P.-V
For the Res. No.4:      Ms. Richa Sanchita, Advocate
                        Ms. Suman Roy, Advocate

                           ---------
06/Dated: 15.04.2025
M.S. Ramachandra Rao, C.J.(Oral)

1. Heard learned counsel for the appellant.

2. This appeal is directed against the impugned judgement dated

9.10.2023 passed by learned Single Judge in W.P. (S) No.6257 of

2022.

3. In the said judgment, leaned Single Judge has dismissed the

writ petition filed by the appellant in which the petitioner has

questioned Memo No.1753(S), dated 13.05.2022 withholding 10%

pension of the petitioner along with gratuity and commutation of

pension on the ground that the petitioner was an accused in a criminal

case which was pending as on the date of his retirement on

2025:JHHC:11389-DB

31.12.2021 on the basis of Rule 43(c) of the Jharkhand Pension

Rules which came in effect from 23.07.2018.

4. Learned Single Judge in the impugned judgment has held that

Rule 43(c) permits the respondents to withhold the pensionary

benefits if there is any criminal case pending against an employee

who has retired.

5. Since the pendency of the criminal case against the petitioner

as on the date of his retirement has not been disputed by the counsel

for the petitioner, it cannot be said that learned Single Judge erred in

dismissing the petitioner's writ petition.

6. Therefore, the present appeal is dismissed. No costs.

(M.S. Ramachandra Rao, C.J.)

(Rajesh Shankar, J.) Satish/Vikas/Cp.2