SHREE CHANDRASHEKHAR,J. - (1.) This application has been filed for amendment in the writ petition for challenging show-cause notice dated 06.07.2017.
(2.) The learned counsel for the petitioner submits that during pendency of the writ petition the petitioner superannuated from service on 31.12.2016 and thereafter, the departmental proceeding has been converted into under Rule 43-B of Jharkhand Pension Rules.
(3.) At the outset, it needs to be recorded that letter dated 06.07.2017 is in the nature of a show-cause notice. In terms of the extant rules, the delinquent employee has been granted an opportunity to respond to the charges as contained in Prapatra-Ka. Moreover, a challenge to a show-cause notice is generally entertained by the writ Court unless, it is found without jurisdiction or wholly illegal. On continuance of the departmental proceeding initiated against the petitioner in which Prapatra-Ka was served upon him on 05.08.2013, direction contained in letter dated 06.07.2017 is the next step which was required to be taken by the department. Letter dated 06.07.2017 is neither without jurisdiction nor illegal. The writ petition was initially filed for stay of the departmental proceeding till pendency of the criminal case vide RC 09(A)/2010R. Now, in this writ petition the petitioner seeks to challenge letter dated 06.07.2017. Through this amendment application the petitioner has tried to raise issues as contained in paragraph no.12 of this application which are entirely different from the issues raised in the writ petition.;