- (1.) The petitioner has assailed the order dated 6.9.2013 (Annexure-3), passed by the Deputy Secretary, Department of Home, Government of Jharkhand, Ranchi, whereby 5% pension of the petitioner has been directed to be deducted for next five years with immediate effect.
(2.) The brief facts, as has been argued on behalf of the petitioner, is that the petitioner had joined his service on 1.7.1976 as Sub-Inspector of Police. He was promoted to the post of Deputy Superintendent of Police and had taken charge of the said post on 23.8.2005. The petitioner was further promoted to the post of Senior Superintendent of Police vide order dated 24.6.2011. While the petitioner was posted in the capacity of Deputy Superintendent of Police, he was put under suspension with immediate effect in contemplation of a departmental proceeding. The petitioner had approached this Court against the order of suspension and departmental proceeding in W.P.(S) No. 485/2012, which was disposed of on 21.9.2013 in terms of Annexure-2, but during pendency of the writ petition, the petitioner had superannuated from service. It has been further submitted that prior to disposal of the writ petition on 21.9.2013, a notice was issued to the petitioner on 6.9.2013 by the Deputy Secretary, Department of Home, Government of Jharkhand, Ranchi, whereby the impugned order has been passed to deduct 5% amount from the pension of the petitioner for the next five years with immediate effect in exercise of power conferred under Rule 139(b) of the Bihar Pension Rules.
(3.) Mr. Dr. S.N. Pathak, learned Sr. counsel appearing on behalf of the petitioner, has challenged the order dated 6.9.2013 on the following grounds: "(i) The impugned order of withholding 5% of pension is without jurisdiction in view of the fact that although the departmental proceeding had been initiated under Rule 43(b) of the Bihar Pension Rules, but the impugned order has been passed under Rule 139(b) of the Bihar Pension Rules. The impugned order has been passed by the State Government under Rule 139(b) of the Bihar Pension Rules, who has got no jurisdiction to pass such order. The authority, who has been empowered to sanction pension, has been vested with such power and the State Government has got power to revise the order passed by the sanctioning authority under Rule 139(c) of the Bihar Pension Rules. (ii) Since the proceeding had been initiated under Rule 43(b) of the Bihar Pension Rules, the same cannot be converted into Rule 139(b) of the Bihar Pension Rules for the purpose of inflicting punishment because Rule 43(b) of the Bihar Pension Rules speaks with respect to commission of misconduct and the order of withholding any amount of pension depends upon the finding of the disciplinary authority regarding the misconduct committed by the delinquent employee with certain limitations, as contained in proviso to Rule 43(b) of the Bihar Pension Rules, whereas Rule 139(b) of the Bihar Pension Rules speaks for taking a decision for withholding the amount of pension, if the service of the delinquent employee has not been found thoroughly satisfactory.";