JUDGEMENT
Shree Chandrashekhar, J. -
(1.) The petitioner seeks a direction upon the respondents for payment of pension and other post-retiral benefits.
(2.) Plea urged on behalf of the petitioner is that on the ground of pendency of a departmental proceeding pension and other post-retiral benefits cannot be withheld.
(3.) In view of the aforesaid contention raised on behalf of the petitioner, the following order was passed on 25.07.2018:
"After superannuation of the petitioner from service on 31.07.2016, a departmental proceeding by serving a charge-memo in Prapatra-K has been initiated against him on 26.03.2018.
Issue notice to the Secretary, Department of Social Welfare Women and Child Development who shall file its affidavit, how a departmental proceeding after superannuation of an employee from service can be initiated and that can be a ground for withholding pension and other postretiral benefits payable to the employee [refer - "State of Jharkhand vs. Jitendra Kumar Srivastava, 2013 12 SCC 210" ]. Post the matter on 20.08.2018.
Let a copy of the order be given to the learned counsel for the State.";
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