ANADI PRASAD MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner for a direction upon the respondent No. 2 to release his terminal benefits arising out of his service as a Headmaster of Palashkala Gopalpur Junior High School, P.O. Banbahal, District-Purulia. Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of the case, I find that during the tenure of the above service a criminal proceeding was initiated against the petitioner under sections 148/149/302 of the Indian Penal Code in Sessions Trial No. 109 of 1989. He was convicted in the above case. Subsequently, he preferred an appeal being CRA 225 of 2005 in the matter of Anadi Mahato v. State of West Bengal & Ors. The above matter is pending and he has been enlarged on bail by an order dated November 16, 2009.

(2.) The learned State Advocate submits on instruction that due to the pendency of the appeal the terminal benefits of the petitioner arising out his service under reference have not been released.

(3.) After perusing the materials on record I find that the criminal proceeding under reference had no nexus with the service of the petitioner. No allegation of pecuniary loss of the respondents arising out of the service of the petitioner is involved in any proceeding. No disciplinary proceeding was initiated against the petitioner during his service tenure. Therefore, the terminal benefits have been withheld by the respondent authority on extraneous consideration.