JUGAL KISHORE SHARMA Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2009-5-232
HIGH COURT OF JHARKHAND
Decided on May 13,2009

JUGAL KISHORE SHARMA Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

Ajit Kumar Sinha, J. - (1.) This writ petition has been preferred for issuance of an appropriate writ, order or direction for the following reliefs : (A) For quashing the resolution bearing memo No. 1552 dated 6.5.2003 issued by Deputy Secretary, Forest and Environment Department, Government of Bihar whereby and wherein a decision has been taken to curtail 5% on permanent basis from the pension of the petitioner and the said decision has been communicated to the petitioner vide letter bearing memo No. 337(N) dated 17.7.2003 issued by the Divisional Forest Officer, State Trading Division, Chatra (as contained in Annexure-3 and 3/A of the writ application). (B) For quashing office order bearing memo No. 387 dated 17.1.2007 issued by Principal Conservator of Forest, Bihar, Patna whereby a decision has been taken to increase the aforesaid curtailment from the pension of the petitioner from 5% to 10% in arbitrary manner and the said decision has been communicated to the petitioner vide office memo No. 375 dated 12.2.2007 issued by Divisional Forest Officer, Lohardaga (as contained in Annexures-4 and 4/A of the writ application). (C) For quashing letter No. 80 dated 4.1.2007 issued by Divisional Forest Officer, Chatra, South Forest Division whereby the petitioner has been directed to send a bank draft of Rs. 44,002/- as arrear amount and further direction has been given to inform the said authority about the same (as contained in Annexure-5 to the writ application) . (D) For holding that the aforesaid action of the respondents to curtail the amount from the pension of the petitioner and ask him to deposit the aforesaid amount after long period from the retirement of the petitioner is completely illegal, arbitrary and against the law. (E) For direction upon the respondents to grant and pay unutilized leave amount of the petitioner and also the arrears salary of the petitioner for the period from 20.10.1993 to 4.4.1994.
(2.) It appears that the petitioner retired on 30.4.1996 as Range Officer, Burmu, Ranchi, West Forest Division, Lohardaga i.e. before bifurcation of the State and disciplinary proceeding was initiated against him in the year 1994 itself for financial defalcation.
(3.) Be that as it may, the fact remains that no final order was passed and the petitioner retired in the year 1996 and his pension was fixed on regular basis. After a lapse of seven year from the date of retirement the first impugned order No. 1552, dated 6.5.2003 was passed which is the subject-matter of challenge in the present writ petition vide which a decision was taken to curtail 5% on permanent basis from the pension of the petitioner followed by another order which was issued vide memo No. 387 dated 17.1.2007 enhancing the curtailment from 5% to 10% from the pension and the third order No. 80 dated 4.1.2007 was issued whereby the petitioner was directed to send a Bank Draft of Rs. 44,002/- as arrear amount. The series of orders issued in piecemeal and periodically does not stand to reason more so when the petitioner retired in 1996 itself and the same is on the face of it not only punitive but involves civil consequences and was passed without complying with the cardinal principles of natural justice.;


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