- (1.) Challenging order dated 19.09.2011 which was modified by order dated 21.02.2013, the petitioner has approached this Court. The brief facts of the case, are that, the petitioner was appointed as Sill Clerk on 12.02.1984. A Charge memo was served upon the petitioner on 11.03.2006. The petitioner was put under suspension by order dated 25.03.2006. A departmental proceeding was initiated into the allegation of withdrawing an excess amount of Rs. 26,132/- by order dated 09.10.2006. The order of suspension was revoked w.e.f. 30.07.2009 and thereafter, the petitioner superannuated w.e.f. 31.07.2009. The enquiry reported dated 23.12.2009 was submitted and an order imposing penalty of deduction of 5 % of the pension for 3 years and recovery of an amount of Rs. 5,29,787/-, has been passed. It is also ordered that the petitioner would not be entitled for anything except subsistence allowance during the period of suspension, as the order was modified by order dated 21.02.2013 by deleting the order of recovery of an amount of Rs. 5,29,787/-:
(2.) A counter-affidavit dated 17.02.2010 has been filed by the respondent Nos. 2, 3 & 4 stating as under: 11. That in reply to Para-7 of the writ petition, it is stated and submitted that while posting in the office of Additional Chief Medical Officer, Dumka on the post of Accountant-cum-Bill Clerk the Petitioner had made forgery in Government record and committed defalcation of Government Money for which he was placed under suspension by the order of the Deputy Secretary, Health Department, Govt. of Jharkhand, Ranchi vide memo No. 121(2) dated 25.03.06. ................................ 15. That in reply to para-11 of the writ petition, it is stated and submitted that the Regional Deputy Director, Health Services, Santhal Parganas Division, Dumka was appointed as conducting officer and after due enquiry he has already submitted his enquiry report vide Letter No. 576 dated 23.12.09 to the under Secretary, Health Department, Govt of Jharkhand, Ranchi. ................................ 19. That in reply to Para-15 of the writ petition, it is stated and submitted that in this connection a decision of Government of Jharkhand, Health Department, Ranchi has been communicated by the under Secretary to Government Health Department, Ranchi vide memo No. 412(4) dated 05.09.2000, the petitioner has retired from service and hence, departmental proceeding has started against him under Rule 43(b) of Pension Rule and the payment of his dues amount to be considered on the result of departmental proceeding drawn up against him.
(3.) A counter-affidavit dated 14.10.2011 has been filed stating as under: 7. That for several charges the petitioner was suspended vide memo No. 171(8) dt. 25.03.2006 and a departmental proceeding was started. After getting the inquiry report the Government has punished the petitioner vide its order No. 550(4) dt 19.9.11.;