- (1.) Petitioner has preferred instant writ petition for payment of retiral dues, pension, gratuity, annual increment from 2000 to 2008, unutilized earned leave along with interest @ 18% per annum and to quash the order dated 14.12.2010 passed under the signature of Joint Secretary, Home Department, Government of Jharkhand by which 25% pension had been withheld. It has been submitted on behalf of petitioner that after superannuation of the petitioner from service with effect from 31.12.2008 the order had been passed as contained in notification No. 7416 dated 14.12.2010 under the signature of Joint Secretary, Home Department, Government of Jharkhand under Rules 43(a) of Jharkhand Pension Rule by which 25% pension of the petitioner had been withheld with a direction not to pay anything save and except the subsistence allowance during the period of suspension. The petitioner had filed an Interlocutory Application No. 309 of 2011 challenging the order dated 14.12.2010 and the said Interlocutory application had been allowed vide order dated 10.7.2014 by this Court.
(2.) Heard the parties.
(3.) On perusal of the documents on record it appears that order dated 14.12.2010 had admittedly been passed in exercise of power conferred under Rule 43(a) of Jharkhand Pension Rules on the ground of adverse conduct and serious antecedent in which the petitioner had been found guilty.;