Ram Nagina Gupta Vs the State of Jharkhand Thro Its Secretary, Department of Water Resoruces

2026:JHHC:3092

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 727 of 2026

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Ram Nagina Gupta, aged about 63 years, son of Late Sri Ramnath Sah, Resident of Sky Land City, Tamuliya PO Kapali, PS-Chandil District-Saraikela, Kharswan. … … Petitioner(s)

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Versus

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The State of Jharkhand through its Secretary, Department of Water Resources, having its office at Doranda, PO & PSDoranda, District-Ranchi.

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The Under Secretary, Department of Water Resources, having its office at Doranda, PO & PS-Doranda, DistrictRanchi.

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Special Land Acquisition Officer No.3, Swaranrekha Project, Adityapur PO & PS-Adityapur, District-Saraikela, Kharswan.

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The Secretary, Department of Planning cum Finance Government of Jharkhand having its office at Project Bhawan, Dhurwa, PO & PS Dhurwa, Ranchi.

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… … Respondent(s)

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CORAM : SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Rajesh Kumar, Advocate Ms. Riya Kumari, Advocate Ms. Shambhavi Singh, Advocate For the Respondent(s) : Mr. Rahul Saboo, GP-II Mr. Rishabh Kaushal, AC to GP-II

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02/ 05^th February, 2026

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1. Heard, learned counsel for the parties.

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2. The petitioner has been punished by invoking Rule 43(b) of the Jharkhand Pension Rules on the ground that the petitioner being the Cashier disbursed the amount under the award of Land Acquisition to the awardees but thereafter took cheque of certain amount from them as kickback and deposited the same in his own bank account.

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3. Rule 43(b) of the of the Jharkhand Pension Rules provides that the Government reserves the rights of withholding or withdrawing pension or part of it permanently or for a specified period, if there is loss caused to the Government or if the petitioner in a proceeding is found guilty of grave misconduct or negligent during his service.

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It is necessary to quote Rule 43(b) of the Jharkhand

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2026:JHHC:3092

Pension Rules:-

“ 43………(b) The State Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in departmental or judicial proceeding to have been guilty of grave misconduct: or to have caused pecuniary loss to Government by misconduct or negligence, during his service including service rendered on re-employment after retirement:

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Provided that -

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(a) such departmental proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment;

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(i) shall not be instituted save with the sanction of the State Government;

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(ii) shall be in respect of an event which took place not more than four years before the institution of such proceedings; and

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(iii) shall be conducted by such authority and at such place or places as the State Government may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made;

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(b) judicial proceedings, if not instituted while the Government servant was on duty either before retirement or during re-employment, shall have been instituted in accordance with subclause (ii) of clause (a); and

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(c) the Bihar Public Service Commission, shall be consulted before final orders are passed.

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Explanation . For the purposes of the rule-

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(a) departmental proceeding shall be deemed to have been instituted when the charges framed, against the pensioner are issued to him or, if the Government servant has been placed under suspension from an earlier date, on such date; and

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(b) judicial proceedings shall be deemed to have been instituted: -

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(i) in the case of criminal proceedings, on the date on which a complaint is made or a charge-sheet is submitted, to a criminal court; and

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(ii) in the case of civil proceedings, on the date on which the complaint is presented, or as the case may be, an application is made to a civil Court.”

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4. In this case, the allegation against the petitioner which

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is proved amounts to grave misconduct. Further, the allegation is of the year 2022 and the proceeding was also instituted in the year 2022 which is well within the time frame prescribed under the

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2026:JHHC:3092

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proviso of Rule 43(b).

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5. The allegation is very serious and the allegation has already been proved in a proceeding. Thus, the order of punishment of deduction of 5% from the pension of the petitioner for two years is not shockingly disproportionate and should not be interfered with. Thus, I am not inclined to interfere with the order of punishment.

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6. At this stage, learned counsel for the petitioner submits that even his admissible pension has not been paid by the respondents. He submits that his pension has been stopped in September 2024.

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7. Considering the prayer, I direct the respondents to ensure that the admissible pension is disbursed to the petitioner within a period of 10 weeks from the date of receipt of a copy of this order.

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8. With the aforesaid observations, this writ petition stands disposed of .

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9. Pending interlocutory application, if any, also stands disposed of.

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(ANANDA SEN, J.)

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05.02.2026 S.K.D., cp2

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Uploaded on 06.02.2026

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Ram Nagina Gupta v. the State of Jharkhand Thro Its Secretary, Department of Water Resoruces

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Ram Nagina Gupta v. the State of Jharkhand Thro Its Secretary, Department of Water Resoruces

Case brief

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