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2019 DIGILAW 1033 (JHR)

Shayamal Kumar Aikat v. Jitendra Kumar Singh

2019-05-10

SHREE CHANDRASHEKHAR

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JUDGMENT 1. Order dated 12.04.2019 has not been complied by the Deputy-Commissioner, Chatra. 2. Mr. V.S. Prasad, the learned G.P.-I seeks adjournment for filing an affidavit in compliance of order dated 12.04.2019. 3. Prayer is declined. 4. This contempt petition was filed on 05.10.2018 and when it was listed for hearing on 02.11.2018, the Court has passed the following order: "In the morning the learned State counsel was directed to seek instructions in the matter, however, on second call he is not present. The learned counsel for the petitioner submits that the writ Courts order has yet not been complied by the contemnors. Order dated 03.04.2018 indicates that a copy of the order was transmitted to the Chief Secretary, Government of Jharkhand. Let an affidavit be filed by the Chief Secretary, Government of Jharkhand what steps have been taken in the matter on the issue which has been reflected in paragraph no. 3 of the order dated 03.04.2018 passed in W.P.(S) No. 3399 of 2017. The contemnor-Deputy Commissioner shall file a separate affidavit on compliance of the Courts order. Post the matter on 22.11.2018. Let a copy of the order be transmitted to the Chief Secretary, Government of Jharkhand." 5. Thereafter, this matter has been adjourned on as many as 5 occasions on the request of the learned State counsel. 6. The writ Court''s order has been further clarified by order dated 12.04.2019 passed in the present proceeding. 7. On 12.04.2019, the following order has been passed by this Court: "The affidavit dated 07.12.2018 filed by the Deputy-Commissioner, Chatra gives details of payments made to the petitioner. 2. Order dated 03.04.2018 passed in W.P.(S) No.3399 of 2017 reads as under: 9. "Considering the law on the subject and the facts disclosed in the present proceeding, while retaining Rs.3,62,200/- from the post- retiral benefits payable to the petitioner, the respondent-Deputy Commissioner, Chatra shall ensure payment of pension and other post-retiral benefits to the petitioner, within two months. If any document is required to be submitted by the petitioner, the respondent no.2 shall intimate the petitioner forthwith." 3. In the proceeding of W.P.(S) No.3399 of 2017 it was brought to the notice of the Court that Rs.10,74,200/- has also remained unadjusted. 4. On the aforesaid unadjusted amount of Rs.10,74,200/-, the writ Court has observed as under: 4. If any document is required to be submitted by the petitioner, the respondent no.2 shall intimate the petitioner forthwith." 3. In the proceeding of W.P.(S) No.3399 of 2017 it was brought to the notice of the Court that Rs.10,74,200/- has also remained unadjusted. 4. On the aforesaid unadjusted amount of Rs.10,74,200/-, the writ Court has observed as under: 4. "It needs to be recorded that for recovery of Rs.10,74,200/- till date no notice has been issued to the petitioner, obviously no proceeding for recovery of the aforesaid amount has been initiated by the respondents. The respondents have also failed to give any plausible explanation why the proceeding which was initiated against the petitioner for recovery of Rs.3,62,200/- did not include the amount of Rs.10,74,200/-, or a separate departmental proceeding was not initiated against the petitioner on the ground of unauthorized retention of the aforesaid amount." 5. Finally, on payment of post-retiral benefits, law on the subject has been discussed in paragraph no.7 of the order dated 03.04.2018 in the following words: 7. "Pension to an employee is a right earned by the employee for his meritorious service under the employer. It is a right akin to right to property under Article 300-A of the Constitution of India. In " Deokinandan Prasad Vs. The State of Bihar & Ors." (1971) 2 SCC 330 , Constitution Bench of Supreme Court has declared that pension cannot be denied to an employee without following the procedure in law. It cannot even be withheld on the ground of pendency of a departmental enquiry or a criminal trial, has been held by the Supreme Court in " State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr." (2013) 12 SCC 210 . Even in a departmental proceeding only when a finding is recorded that the employee is guilty of gross misconduct during his service under the employer or he has been found guilty in a criminal trial, pension, and gratuity which forms part of the pension, can be withheld or forfeited." 6. If not contemptuous, shockingly, besides retaining Rs.3,62,200/- other recoveries from post-retiral benefits payable to the petitioner have been made without initiating any proceeding for such recovery. 7. Let a fresh affidavit be filed by the Deputy-Commissioner, Chatra on the aforesaid issues. 8. If not contemptuous, shockingly, besides retaining Rs.3,62,200/- other recoveries from post-retiral benefits payable to the petitioner have been made without initiating any proceeding for such recovery. 7. Let a fresh affidavit be filed by the Deputy-Commissioner, Chatra on the aforesaid issues. 8. In the mean-time, it shall remain open to the respondent- contemnor to pay the petitioner the amounts besides Rs.3,62,200/- which have been deducted from the post-retiral benefits payable to him, without initiating a proceeding as prescribed in law. 9. Post the matter on 10.05.2019. 10. Let a copy of the order be given to the learned State counsel." 8. Whatever may be the reason, proceeding in a contempt case alleging willful violation of the order passed by the writ Court which has clearly directed payment of post-retiral benefits to the writ-petitioner after deducting amount of Rs.3,62,200/-, cannot go on like this. 9. Apparently, the contemnor- Deputy Commissioner has been trying to play with the process of law. 10. In the above facts, I am of the opinion that no further opportunity needs to be granted to the contemnor- Deputy Commissioner, however, without proceeding further in this matter with a direction to comply with the writ Court''s order within next 6 weeks, this contempt case is closed. 11. Let a copy of the order be transmitted to the Chief Secretary, Government of Jharkhand.