GOUR KANTI SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The short question involved in this writ application is, whether pension and pensionary benefits of a retired Assistant Sub-Inspector of Police can be withheld on the purported ground of false declaration of age, without initiation of any departmental or judicial proceedings against him.

(2.) This writ application is directed against a final order dated 8th November, 2011 passed by the West Bengal Administrative Tribunal in an application under Section 19 of the Administrative Tribunals Act, 1985 filed by the petitioner, being O.A. No.320 of 2010, whereby the learned Tribunal declined the prayer of the petitioner for an order on the respondents to release pension and other pensionary benefits of the petitioner.

(3.) The learned Tribunal, in effect, held that since a criminal case started against the petitioner, for submitting a false age certificate, was pending, no pensionary benefits could be sanctioned to the petitioner, not even pension. In the Affidavit-in-Opposition the respondents have admitted that no criminal proceedings have yet been initiated. The finding of the learned Tribunal that criminal proceedings were pending against the petitioner, is factually incorrect.