,2 ( ( 3 "I have perused the file and have gone through the records. It transpires from the records that Mr. Abraham Raona, the then Managing Director, JSHB has been served izi=&^d* on 27.05.2015 for the alleged misconduct pertaining to the period 2007-08. It further transpires that Mr. Raona has superannuated w.e.f. 30.06.2011 and his pension has been sanctioned on 17.07.2012.
Now the only issue to be answered is whether any action can be taken against Mr. Raona under Jharkhand Pension Rules for his alleged misconduct committed during the 2007-08. Any action against a retired employee for his alleged misconduct has to be taken under Rule 43(B) of the Jharkhand Pension Rule, however the proviso to said Rule is very clear that in case of retired employee a proceeding can be conducted in respect of an event which took place not more than four years before the institution of such proceeding. The Explanation (a) to Rule 43 further provides that the departmental proceeding shall be deemed to have been instituted when the charges framed, against the pensioner are issued to him. In the instant matter the event is of 2007-08 where as the charge sheet has been issued on 27.05.2015. Hence the proposed action is directly hit by proviso (a) (ii) of Rule 43(b) of the Jharkhand Pension Rule as because the event which attracts action against the concerned employee is much beyond 4 years from the date of institution of proceeding.
The other provision under Rule 139(c) of the Jharkhand Pension Rule gives power to the State Government to revise the pension if service of the pensioner was not thoroughly satisfactory. However there is a restriction under the said Rule that no such power shall be exercised after the expiry of three years from the date of the order sanctioning the pension was first passed. In the case of Mr. Raona the pension has been sanctioned on 17.07.2012. Hence the period of 3 years has been passed much earlier. In the view of the aforesaid discussion the department may take final decision."
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