STATE OF WEST BENGAL Vs. PRONAB CHAKRABORTY

JUDGEMENT

(1.) CIVIL APPEAL NO. 2641 OF 2012

(2.) Soon after the issuance of the above chargesheet, the respondent retired from service on attaining the age of superannuation on 31.01.2008. Dissatisfied with the continuation of the above departmental proceedings (in furtherance of the chargesheet dated 31.07.2007), after the respondent - Pronab Chakraborty had attained the age of superannuation, he approached the West Bengal Administrative Tribunal (hereinafter referred to as 'the Administrative Tribunal') by filing Case No. O.A. 8547 of 2007. In the above case an order dated 05.08.2010 was passed by the Administrative Tribunal, directing the enquiring authority to dispose of the pending departmental proceedings in accordance with the Rules.

(3.) The above order dated 05.08.2010 was assailed by the respondent before the High Court of Calcutta (hereinafter referred to as 'the High Court') by filing W.P.S.T No. 497 of 2010. The primary contention of the respondent before the High Court was, that the respondent having retired on attaining the age of superannuation (with effect from 31.01.2008), departmental proceedings initiated against him, could not be allowed to proceed further. The High Court, vide its impugned order dated 22.12.2010, accepted the prayer made by the respondent. The High Court, having interpreted Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 (hereinafter referred to as 'the 1971 Rules'), arrived at the conclusion, that departmental proceedings being conducted against an individual employee, could proceed further after the employee's retirement, only when the allegations contained in the charges levelled against him, depict pecuniary loss to the State Government. The High Court further arrived at the conclusion, that since the charges levelled against the respondent herein, did not depict any pecuniary loss to the State Government, proceedings against the respondent could not continue after 31.01.2008.