- (1.) THE present petition has been preferred mainly because of action initiated by the concerned respondent authorities for deduction of sizeable amount from the retirement benefits of the petitioners. Annexure -1 is one of such orders passed against the present petitioner no. 1. Similarly, order at Annexure -1/A is passed against the present petitioner no.2. An amount of Rs. 99,282/ - has ordered to be deducted from the retirement benefits of the petitioner no. 1. Similarly, from the retirement benefits of the petitioner no. 2, an order has been passed by the concerned respondent authorities to deduct an amount of Rs. 87,055/ -. These orders have been passed without giving any opportunity of being heard to the petitioners. Never any notice was served, nor any opportunity of being heard was given by the respondents to the petitioners. These figures cannot come from the heaven or sky. There must be some basis. There must be some calculation. Counsel for the petitioners submitted that there is a gross violation of Rule 43(b) of the Bihar Pension Rules, 1950 (Adopted) by the State of Jharkhand vide notification issued under Section 35 of the Bihar Reorganization Act, 2000, but, it is submitted that had an opportunity of being heard would have given to the petitioners, they would have pointed out to the respondents the correct proposition of law and the judicial pronouncements, which are at Annexures 6 and 7 to the memo of the present petition.
(2.) I have heard counsel for the respondents, who has submitted that the petitioners should not be allowed to retain a benefit which is taken by them unauthorizedly and eliberately they have not disclosed certain facts of payment from the State of Bihar otherwise, they are not legally suitable to retain the two sizeable amounts and therefore, the orders have been passed for deduction of the aforesaid amounts from the retirement benefits of the petitioners. Nonetheless, fact remains that no notice, no hearing was given to the petitioners and therefore, liberty is reserved to the respondents for initiating action against the petitioners, in accordance with law. Having heard counsel for both the sides and looking to the facts and circumstances of the case and the fact that sizeable amounts have been ordered to be deducted benefits of the present petitioners especially from the pension and gratuity and therefore, I hereby, quash and set aside the action offrom the retirement benefits of the petitioners, without giving any opportunity of being heard and without giving any notice and by now, these amounts have already been deducted from the retirement deduction of the amount from the retirement benefits of the petitioners as no hearing, no notice was given to the petitioners. It is rightly submitted by the counsel for the petitioners that had an opportunity of being heard would have given to the petitioners, they would have pointed out correct proposition of the law and judicial pronouncements as referred in Annexures -6 and 7 to the memo of the present petition.
(3.) IN view of these facts, I hereby allow this petition and the orders passed by the respondents at Annexures -1 and 1/A are hereby quashed and set aside as there is breach of principles of natural justice. Similarly, the orders passed against the present petitioner no. 2 are also hereby quashed and set aside to the extent to which they are deducting sizeable amounts from the retirement benefits of the petitioners. Nonetheless, the liberty is reserved to the respondents to initiate action against the present petitioners, in accordance with law and after following principles of natural justice. It is needless to say that the respondents shall consider judicial pronouncements as referred at Annexures 6 and 7 to the memo of the present petition whenever they are taking any action against the present petitioners.;