Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. By the impugned order dated 10.5.2011 issued by the Special Secretary, Government of Jharkhand, all the admissible post retirement dues of the petitioner has been kept in abeyance apparently on his conviction by the Fast Tract Court, Patna in Case No. 1267 of 1994 for the offences under Section 302 of the Indian Penal Code and 27 of the Arms Act and on being sentenced to undergo life imprisonment.
(2.) LEARNED counsel for the petitioner has submitted that the said judgment of the Trial Court is pending in Cr. Appeal No. 175 of 2004 before the learned Division Bench of the Patna High Court. Assailing the impugned order, it has further been stated that the admissible post retirement dues of the petitioner like the pension and gratuity have been withheld without any issuance of show cause notice or opportunity to the petitioner. He was serving as Assistant having been appointed on 30.10.1980 and confirmed in the year 1987 and superannuated on 30.4.2004 as Section Officer. According to the petitioner, even provisional pension has been stopped pursuant to the impugned order. Earlier the writ petitioner had approached the Patna High Court, however, which was allowed to be withdrawn with liberty to approach appropriate forum, whereafter the present writ petition has been filed. Learned counsel for the petitioner submits that in similar circumstances, the action of the respondent -Government in stopping the pension of a similarly situated petitioner, and an order of recovery on his conviction in Fodder Scam Case was quashed by this Court in W.P. (S) No. 5641 of 2008 in the case of Jagdish Sharma vs. State of Jharkhand & Ors. reported in : 2013 (2) JCR 503 (Jhr.) : (2014 (1) JLJR 102). It is submitted that in the said case also, in the absence of show cause notice or opportunity to the petitioner, the decision was held to be violative of principle of natural justice as it entailed adverse civil consequences. Therefore, the writ petition deserves to be allowed in the similar manner by quashing the impugned order.
(3.) LEARNED counsel for the respondent -State has submitted that the impugned order of stoppage of pension has been issued on the basis of advice of the Law Department and the Finance Department based upon the resolutions dated 22.8.1974 bearing Memo No. 9144 and dated 31.10.1974 bearing Memo No. 11260 of the Finance Department. The petitioner has been convicted of a serious offences of murder under Section 302 of the Indian Penal Code and sentenced for life imprisonment. Therefore, such action has been taken in exercise of power conferred under the Jharkhand Pension Rules.;