- (1.) Heard learned counsel for the parties.
(2.) Petitioner superannuated on 31.3.1996 as Clerk from the Treasury Office, Doranda. He was prosecuted in connection with R.C. Case No. 53(A)/96 and sentenced to 4 years of imprisonment along with fine of Rs.20,000/ - vide judgment dated 30.6.2009 passed by the learned Special Judge, C.B.I, Ranchi. Petitioner has preferred criminal appeal being Cr. Appeal(SJ) No. 648 of 2009, which is said to be pending and he has been enlarged on bail. By the impugned order at Annexure -4 dated 3.11.2009, the Additional Finance Commissioner, Government of Jharkhand has directed the Treasury Officer, Secretariat, Doranda, Ranchi to stop payment to the petitioner and one other employee, both of whom have been convicted up to the Apex Court and who have been directed to be removed from service and amount paid, if any was directed to be recovered.
(3.) This has been assailed by the petitioner on the grounds that no notice has been issued before withholding the pensionary dues of the petitioner purportedly in exercise of the power under Rule 43(a) of the Jharkhand Pension Rules. This fact has not been specifically controverted by the respondents in their counter affidavit. They have submitted that the decision to withhold the pensionary dues of the petitioner are on account of his conviction in the criminal case, relying upon Rule 43(a) of the Jharkhand Pension Rules.;