TARKESHWAR JHA Vs. JSEB

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner came before this Court being aggrieved by the letters dated 23rd June,2008 and 19th August,2008 issued by the Director, Personnel, Jharkhand State Electricity Board, whereby his pension was stopped, although no proceedings were initiated under Rule 139 of the Jharkhand Pension Rules or under Rule 43 -B . The petitioner has sought a further direction upon the respondents to grant him full pension as only 90% of provisional pension has been sanctioned, which was also stopped with effect from September, 2008.

(3.) COUNSEL for the petitioner submits that the Electrical Executive Engineer, Kokar, by letter dated 7th February,2007, has directed him to hand over charge to one Sri S.Munda, Assistant Store Keeper. The learned counsel for the petitioner submitted that the petitioner has categorically replied the letter dated 7.2.2007, vide Annexure 2 that he was never handed over charge of store nor he was responsible for the material of the store, which was being looked by Sachidanand Singh, Assistant Store Keeper and one Paramhans Sharma, who was incharge of the store and was in possession of the store. Counsel for the petitioner relied on a judgment of the Full Bench of this Court in the case of Dr. Dudhnath Pandey Vs. State of Jharkhand and ors., reported in 2007(4) JCR 1 to support of the contention that in absence of a departmental or any criminal prosecution, the respondents could not withheld the pension/gratuity amount after his retirement.