Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The full pension of the petitioner has been withheld on the basis of an order dated 20th May, 2010 passed by the Deputy Commissioner, Godda, respondent no. 3 in exercise of powers under Rule 43(a) of Jharkhand Pension Rules. The petitioner was implicated in a criminal case prosecuted by C.B.I. being Fodder Scam Case no. RC -77(A)/96 for the alleged acts of cheating, forgery etc. read with relevant provision of Section 13(b) and 13(1)(c) (d) of the Prevention of Corruption Act, 1988. He retired on 31st January, 2003 as clerk in the Treasury Office, Godda. The judgment of conviction against the petitioner was rendered on 8th June, 2007, in which he was sentenced to undergo rigorous imprisonment for four years along with fine of Rs. 75,000/ - by the trial court.
(2.) THE petitioner preferred a criminal appeal being Cr. Appeal (SJ) No. 976/07, which has been admitted and he is on bail by the Appellate Court. After the order of conviction, the Respondents stopped the pension of the petitioner and order for recovery of the said amount was issued by an order dated 11th October, 2008. The petitioner approached this Court in W.P.(S) No. 2031 of 2009, which was allowed in view of the reasons given in the judgment dated 11th November, 2009 passed in W.P.(S) No. 1656 of 2009, in the case of one Bal Krishna Dubey -Vs. - State of Jharkhand & Ors. The said judgment dated 19th November, 2009 in the case of the petitioner is at Annexure -1 while that of in the case of Bal Krishna Dubey is at Annexure -1/1. The learned Single Judge of this Court in the said judgment, however, observed that it would be open to the State Government to pass a fresh order after affording opportunity of hearing to the petitioner in accordance with law laid down in the judgment of Bal Krishna Dubey's case. Thereafter, the impugned order dated 20th May, 2010 Annexure -5 has been passed by Deputy Commissioner, Godda, whereby in exercise of powers under Rule 43(a) of Jharkhand Pension Rules, the entire pension of the petitioner has been stopped. The same order has been assailed on behalf of the petitioner by relying upon a judgment rendered in the case of Bal Krishna Dubey rendered in W.P.(S) No. 1564 of 2010 on 18th February, 2013.
(3.) ACCORDING to the petitioner, after the judgment rendered in Bal Krishna Dubey on 11th November, 2009 which is at Annexure -1/1, the respondents again passed an order by which payment of pension of the said petitioner was stopped and order for recovery of the amount of pension already paid to him was issued. The said person Bal Krishna Dubey once again had approached this Court in W.P.(S) No. 1656 of 2009, assailing the said order. It is further submitted that the said petitioner, Bal Krishna Dubey was also implicated in the same Fodder Scam Case no. RC -77(A)/96, like the present petitioner and had also been convicted with the same punishment to undergo rigorous imprisonment for four years along with fine. The said person had also preferred criminal appeal which has been admitted and he is on bail by the appellate court. In such circumstances, learned counsel for the petitioner has placed reliance on the said judgment rendered in the case of Bal Krishna Dubey on 18th February, 2013 for quashing of the present impugned order as well as the case of both persons, according to him, are same and similar.;