Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. The grievance of the petitioner is referred to in the order dated 06.10.2015, which is quoted hereunder: - - "It appears that the petitioner is in the second round of litigation seeking admissible post retiral dues. The earlier writ petition was dismissed in view of the findings recorded therein that the departmental proceeding has already been concluded in the year 2003 and charges were found to be proved against the petitioner. From the counter affidavit of the respondents and the stand of the petitioner it appears that a second show cause notice has once been issued upon him vide Annexure -3, dated 4th August, 2015 to which the petitioner has also responded. Counsel for the Respondent -State, however, seeks one indulgence to obtain latest status of the proceeding and apprise the Court whether any decision has been taken in the said departmental proceeding. Accordingly, the matter is adjourned for 4 weeks to be listed on 19th November, 2015."
(2.) After a few adjournments, respondents have filed an affidavit on 02.12.2015 i.e. yesterday stating that petitioner has been facing certificate case for recovery of certain amount in relation to defalcation and misuse of government money. A criminal case has also been instituted being Sadar Hazaribagh P.S. Case No. 262 of 2002, dated 10.07.2002 under Ss. 409 and 420 of the Indian Penal Code in light of letter No. 35 dated, 10.07.2002 of the DRDA, Hazaribagh. Petitioner has preferred an appeal being Certificate Appeal No. 42 of 2003, which was remanded to the District Certificate Officer to re -enquire and pass a fresh order vide order dated 16.08.2005. The said certificate case and the criminal case have not yet been disposed of. In the meantime, a departmental proceeding was initiated under Rule 43(b) of the Jharkhand Pension Rules vide resolution bearing No. 385, dated 08.02.2003 against charges of defalcation and misuse of government money. An enquiry report had been submitted by the conducting officer. Petitioner has also been asked to submit a reply to the 2nd show cause issued and he has also submitted the same. Petitioner has been given last opportunity to submit his show cause vide departmental letter No. 1018, dated 04.08.2015. Final decision would be taken in the departmental proceeding based upon that.
(3.) In light of the aforesaid facts, the remaining 10% of pension, full gratuity and leave encashment has been sanctioned vide notification No. 1744, dated 01.12.2015 in view of the ratio laid down by the learned Full Bench of this Court in the case of Dr. Dudh Nath Pandey v/s. the State of Jharkhand and Ors. reported in : (2007) 4 JCR 1 (Jhr.) : : (2007 (3) AIR Jhar R 523), which has been also affirmed by the Apex Court in the case of State of Jharkhand v/s. Jitendra Kumar Srivastava reported in : 2013 (3) JLJR (SC) 537 : (AIR 2013 SC 3383 : (2013 (4) AIR Jhar R 26). It has been decided that decision would be affected by the outcome of instant matters against the petitioner.;