Prashant Kumar, J. - (1.) Petitioner has filed today, the rejoinder to the counter -affidavit, the same is accepted and kept on record.
(2.) In this writ application, petitioner has prayed for quashing the entire departmental proceeding initiated against the petitioner vide Resolution No. 4409 dated 19.05.2014 issued by the Deputy Secretary, Government of Jharkhand, Department of Personnel, Administrative Reform & Rajbhasa.
(3.) It appears that petitioner was a member of Jharkhand Administrative Service and he retired from service on 28.02.2013 from the post of Joint Secretary, Department of Forest and Environment, Government of Jharkhand, Ranchi. It is stated that after one year of retirement, the impugned departmental proceeding initiated against the petitioner vide resolution No. 4409 dated 19.05.2014 for the misconduct, which took place in between 17.11.2008 to 04.02.2009, while petitioner was posted at Godda on the post of Deputy Development Commissioner. It is stated that as per Rule 43 (b) proviso(a) (ii) of the Jharkhand Pension Rules, the department has no power to initiate the departmental proceeding against a retired employee in respect of an event which took place more than four years before the date of institution of such proceeding. It is submitted that since the present departmental proceeding initiated against the petitioner for an event which took place in the financial year 2008 -09, therefore, as per Rule 43 (b) proviso (a) (ii) of the Jharkhand Pension Rules, the initiation of departmental proceeding is illegal. Learned counsel for the petitioner relied upon the judgment of the Hon'ble Supreme Court in the State of Bihar and Others versus Mohd. Idris Ansari reported in : A.I.R. 1995 Supreme Court 1853.;