KASHINATH BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the writ petition, being W.P. 737(W) of 2009 (Kashinath Biswas vs. State of West Bengal and others), the petitioner, an employee under the Joynagar Mazilpur Municipality , has challenged the order dated 22nd October, 2001 passed by the Vice Chairman, Joynagar -Mazilpur Municipality, South 24 Parganas suspending him from service. After he had superannuated on 31st August, 2010 in a subsequent writ petition filed by him, being W.P. 38230(W) of 2013 (Kashinath Biswas vs. State of West Bengal and others), prayer has been made for a direction upon the respondents, including the Municipal authorities, to release pension, gratuity and arrear salary from 20th September, 2001 to 31st August, 2010 after deducting subsistence allowance and other retiral benefits already released, with interest.

(2.) In the writ petition being W.P. 737(W) of 2009, directions were issued to file affidavits. The Municipal authorities have filed its affidavit. Since the original affidavit in opposition is not available on record, let a photocopy of the same be kept on record.

(3.) Relying on the judgement of the Apex Court in State Bank of India vs. A.N. Gupta and others, 1997 8 SCC 60 and in Bhagirathi Jena vs. Board of Directors, O.S.F.C. and others, 1999 AIR(SC) 1841 it is submitted by Mr. Bhattacharya, learned advocate for the petitioner that since the rules do not provide for continution of disciplinary proceedings after superannuation and as the petitioner had retired on 31st August,. 2010, and thereafter the disciplinary proceedings cannot continue, the respondent authorities may be directed to release the sum as prayed for.