Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) According to the petitioner, he has retired on 31.07.2010 from the post of Deputy Chief Inspector of Factory, under the respondent Labour Employment and Training Department, Government of Jharkhand. After his retirement on 16.11.2011, by a resolution as contained in Annexure-10, proceedings have been initiated for certain charges against the petitioner purportedly under Rule 55 of the Civil Services Classification Control and Appeal Rules, 1930, which is impermissible. It is also submitted that the proceedings have been initiated without compliance with the provisions of Jharkhand Pension Rules under Rules 43(b) and 139 against the petitioner by the said resolution. However, it is also stated on behalf of counsel for the petitioner that merely on the ground of initiation of such a proceeding, 10% of pension and gratuity and full leave encashment amount of the petitioner has been withheld, which is in the teeth of the decision rendered by the Full Bench of this Court in the case of Dr. Dudh Nath Pandey v. State of Jharkhand & Ors., reported in 2007(4) JCR 1 (Jhr.) (FB) . The same view has also been upheld by Hon'ble Supreme Court in the case of State of Jharkhand v. Jitendra Kumar Srivastava, reported in 2013(3) JLJR 537 (SC) . In such circumstances, the petitioner has approached this Court.
(3.) Counsel for the respondents submits that the proceedings have been initiated under Rules 43(b) and 139 of the Jharkhand Pension Rules after the retirement of the petitioner for the charges relating to the year 2010 itself. The said charges can not be said to be beyond the period of four years from the date of initiation of the proceedings, which is permissible under Rule 43(b) of the Jharkhand Pension Rules. However, the counsel for the respondents does not have any answer to the legal proposition that has been settled by the Hon'ble Apex Court in the case of Jitendra Kumar Srivastava (Supra) and also by the Full Bench of this Court in the case of Dr. Dudh Nath Pandey (Supra).;