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Showing contexts for: fodder scam in Bhanukar Dubey vs State Of Jharkhand & Ors on 13 September, 2013Matching Fragments
Heard learned counsel for the parties.
The full pension of the petitioner has been withheld on the basis of an order dated 20th May, 2010 passed by the Deputy Commissioner, Godda, respondent no.3 in exercise of powers under Rule 43(a) of Jharkhand Pension Rules. The petitioner was implicated in a criminal case prosecuted by C.B.I. being Fodder Scam Case no. RC77(A)/96 for the alleged acts of cheating, forgery etc. read with relevant provision of Section 13(b) and 13(1)(c) (d) of the Prevention of Corruption Act, 1988. He retired on 31st January, 2003 as clerk in the Treasury Office, Godda. The judgment of conviction against the petitioner was rendered on 8th June, 2007, in which he was sentenced to undergo rigorous imprisonment for four years along with fine of Rs. 75,000/ by the trial court.
According to the petitioner, after the judgment rendered in Bal Krishna Dubey on 11th November, 2009 which is at Annexure1/1, the respondents again passed an order by which payment of pension of the said petitioner was stopped and order for recovery of the amount of pension already paid to him was issued. The said person Bal Krishna Dubey once again had approached this Court in W.P.(S) No. 1656 of 2009, assailing the said order. It is further submitted that the said petitioner, Bal Krishna Dubey was also implicated in the same Fodder Scam Case no. RC77(A)/96, like the present petitioner and had also been convicted with the same punishment to undergo rigorous imprisonment for four years along with fine. The said person had also preferred criminal appeal which has been admitted and he is on bail by the appellate court. In such circumstances, learned counsel for the petitioner has placed reliance on the said judgment rendered in the case of Bal Krishna Dubey on 18th February, 2013 for quashing of the present impugned order as well as the case of both persons, according to him, are same and similar.
Learned counsel for the RespondentsState, has not been able to dispute, almost the identical facts involving the said petitioner Bal Krishna Dubey whose pension was also stopped on his conviction in the same Fodder Scam Case no. RC77(A)/96. This Court has quashed the order impugned by which the pension of the said petitioner was stopped and order for recovery of the amount of pension already paid to him.
I have heard learned counsel for the parties and gone through the materials on record. From what has been stated hereinabove, it, is, therefore, apparent that there are no distinguishing features in the present case with that of the case of Bal Krishna Dubey, rather all the features are common. This petitioner was working as clerk in the Treasury Office, Godda and the said Bal Krishna Dubey was also posted in the Directorate of Treasury and was implicated in the same Fodder Scam Case no. RC77(A)/96. By the same judgment dated 8th June, 2003, this petitioner was also convicted and sentenced to undergo rigorous imprisonment for four years with fine, like other person. The present petitioner has also preferred a criminal appeal being Criminal Appeal (SJ) No. 976/07 and has been on bail granted by Appellate Court.