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Jharkhand High Court
Ram Nagina Gupta vs The State Of Jharkhand Through Its ... on 5 February, 2026
Author: Ananda Sen
Bench: Ananda Sen
2026:JHHC:3092
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 727 of 2026
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Ram Nagina Gupta, aged about 63 years, son of Late Sri Ramnath
Sah, Resident of Sky Land City, Tamuliya PO Kapali, PS-Chandil
District-Saraikela, Kharswan. ... ... Petitioner(s)
Versus
1. The State of Jharkhand through its Secretary, Department of
Water Resources, having its office at Doranda, PO & PS-
Doranda, District-Ranchi.
2. The Under Secretary, Department of Water Resources,
having its office at Doranda, PO & PS-Doranda, District-
Ranchi.
3. Special Land Acquisition Officer No.3, Swaranrekha Project,
Adityapur PO & PS-Adityapur, District-Saraikela, Kharswan.
4. The Secretary, Department of Planning cum Finance
Government of Jharkhand having its office at Project
Bhawan, Dhurwa, PO & PS Dhurwa, Ranchi.
... ... Respondent(s)
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CORAM : SRI ANANDA SEN, J.
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For the Petitioner(s) : Mr. Rajesh Kumar, Advocate
Ms. Riya Kumari, Advocate
Ms. Shambhavi Singh, Advocate
For the Respondent(s) : Mr. Rahul Saboo, GP-II
Mr. Rishabh Kaushal, AC to GP-II
------
th
02/ 05 February, 2026
1. Heard, learned counsel for the parties.
2. The petitioner has been punished by invoking Rule
43(b) of the Jharkhand Pension Rules on the ground that the
petitioner being the Cashier disbursed the amount under the award
of Land Acquisition to the awardees but thereafter took cheque of
certain amount from them as kickback and deposited the same in
his own bank account.
3. Rule 43(b) of the of the Jharkhand Pension Rules
provides that the Government reserves the rights of withholding
or withdrawing pension or part of it permanently or for a specified
period, if there is loss caused to the Government or if the petitioner
in a proceeding is found guilty of grave misconduct or negligent
during his service.
It is necessary to quote Rule 43(b) of the Jharkhand
2026:JHHC:3092
Pension Rules:-
" 43.........(b) The State Government further reserve to
themselves the right of withholding or withdrawing a pension
or any part of it, whether permanently or for a specified
period, and the right of ordering the recovery from a pension
of the whole or part of any pecuniary loss caused to
Government if the pensioner is found in departmental or
judicial proceeding to have been guilty of grave misconduct:
or to have caused pecuniary loss to Government by
misconduct or negligence, during his service including service
rendered on re-employment after retirement:
Provided that -
(a) such departmental proceedings, if not instituted while the
Government servant was on duty either before retirement or
during re-employment;
(i) shall not be instituted save with the sanction of the
State Government;
(ii) shall be in respect of an event which took place not
more than four years before the institution of such proceed-
ings; and
(iii) shall be conducted by such authority and at such place
or places as the State Government may direct and in accord-
ance with the procedure applicable to proceedings on which
an order of dismissal from service may be made;
(b) judicial proceedings, if not instituted while the Government
servant was on duty either before retirement or during re-em-
ployment, shall have been instituted in accordance with sub-
clause (ii) of clause (a); and
(c) the Bihar Public Service Commission, shall be consulted
before final orders are passed.
Explanation. For the purposes of the rule-
(a) departmental proceeding shall be deemed to have been
instituted when the charges framed, against the pensioner are
issued to him or, if the Government servant has been placed
under suspension from an earlier date, on such date; and
(b) judicial proceedings shall be deemed to have been
instituted: -
(i) in the case of criminal proceedings, on the date on
which a complaint is made or a charge-sheet is submitted, to
a criminal court; and
(ii) in the case of civil proceedings, on the date on which
the complaint is presented, or as the case may be, an
application is made to a civil Court."
4. In this case, the allegation against the petitioner which
is proved amounts to grave misconduct. Further, the allegation is
of the year 2022 and the proceeding was also instituted in the year
2022 which is well within the time frame prescribed under the
2026:JHHC:3092
proviso of Rule 43(b).
5. The allegation is very serious and the allegation has
already been proved in a proceeding. Thus, the order of
punishment of deduction of 5% from the pension of the petitioner
for two years is not shockingly disproportionate and should not be
interfered with. Thus, I am not inclined to interfere with the order
of punishment.
6. At this stage, learned counsel for the petitioner submits
that even his admissible pension has not been paid by the
respondents. He submits that his pension has been stopped in
September 2024.
7. Considering the prayer, I direct the respondents to
ensure that the admissible pension is disbursed to the petitioner
within a period of 10 weeks from the date of receipt of a copy of
this order.
8. With the aforesaid observations, this writ petition
stands disposed of.
9. Pending interlocutory application, if any, also stands
disposed of.
(ANANDA SEN, J.)
05.02.2026
S.K.D., cp2
Uploaded on 06.02.2026
