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2018 DIGILAW 1762 (JHR)

Ahsok Kumar v. State Of Jharkhand

2018-08-07

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. - The petitioner is aggrieved of the decision taken by the respondent-authority whereby no dues certificate has been withheld. 2. The learned counsel for the petitioner submits that vide P.P.O dated 01.05.2015 Pension Intimation Memo and Gratuity Payment Order were issued, however, the petitioner has not been paid pension because no dues certificate has not been issued to him. 3. Stand taken by the respondents is that in view of the pending departmental enquiry on allegation of committing gross misconduct no dues certificate has not been issued to the petitioner. 4. Mrs. C. Prabha, the learned State counsel tenders a copy of letter dated 06.08.2018 written by the Treasury Officer, Chatra. 5. Taken on record. 6. On admitted facts there is no report on the basis of which it can be concluded that the petitioner has committed gross misconduct. In fact, the departmental enquiry initiated against him is still pending. 7. In view of the aforesaid facts pending departmental enquiry the respondent-authority cannot withhold no objection certificate [refer " State of Jharkhand and Others Vs. Jitendra Kumar Srivastava and Another , (2013) 12 SCC 210 "]. 8. Accordingly, this writ petition stands allowed with a direction to the respondent no. 2 to issue no dues certificate to the petitioner if it has not been withheld for any other reason except pendency of the departmental enquiry. On presentation of the no dues certificate and any other document which the petitioner may be required to furnish, the Treasury Officer, Chatra shall ensure payment of pension and gratuity to the petitioner.