KUNAL CHANDRA SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner on December 20, 2004 was appointed as the Headmaster of Chandernagore Banga Vidyalaya (for short, the said school) on a temporary basis. On February 01, 2005 the petitioner was appointed as the permanent Headmaster and the appointment was approved on March 04, 2005 by the Additional District Inspector of Schools, Secondary Education, Chandernagore. On February 11, 2015 the respondent no.3 forwarded the pension papers of the petitioner to the Assistant Director, Pension, Provident Fund and Group Insurance, Department of Finance for approval at page 75 to the paper-book, Volume-I. On May 16, 2005 Ms. Mahalanabish and Associates has submitted an audited account at the instance of the petitioner. On July 09, 2015 a complaint was made by the one Ashok Kumar Sah, a local MLA to the Secretary of the School Education Department against the petitioner alleging misappropriation of fund at pages 359 to 360 to the paper-book, Volume-3. On July 31, 2015 the petitioner retired. The Assistant Director, Pension, Provident Fund and Group Insurance returned the papers pertaining to the grant of pension to the petitioner to the respondent no.3 with reference to the said complaint dated July 09, 2015. On August 12, 2015 Chandernagore Municipality (for short, the Municipal Corporation) released the Provident Fund to the petitioner at page 81, paper-book, Volume-1. On October 06, 2015 the petitioner by its letter requested the Assistant Director to supply a copy of the said complaint dated July 09, 2015 at page 78 to the paper-book.

(2.) On October 15, 2015 an enquiry report was submitted by the Assistant Inspector of School, Secondary Education, discharging the petitioner from all the allegations levelled against him in the said complaint and recommendation was made for grant of pension to the petitioner with immediate effect, at page 82 to the paper-book, Volume-1. On December 09, 2015 the Assistant Inspector of School (Secondary Education) submitted an enquiry report to the District Inspector of Schools, Hooghly wherefrom it appeared that the allegations made against the petitioner on alleged financial misappropriation failed at page 83 to the paper-book, Volume-1. On December 22, 2015 a fact finding committee was constituted by the Municipal Corporation for the purpose of holding a fresh enquiry against the petitioner at page 86 to 100 to the paper-book, Volume-1. On January 14, 2016 the Director, pension, Provident Fund and Group Insurance issued the necessary Pension Payment Order in favour of the petitioner at page 101 to the paper-book, Volume-1. On January 19, 2016 the petitioner submitted an application before the Teacher-in-Charge of the School, respondent no.9, for issuance of No Liability Certificate in favour of the petitioner at page 103 to the paper-book, Volume-1. The respondent no.9 forwarded the said application of the petitioner before the Education Officer and Member Secretary, Education Committee of the Municipal Corporation and requested to release the pension in favour of the petitioner, since no allegation of misappropriation of fund could be established against the petitioner at page 102 to the paper-book, Volume-1. On February 01, 2016 the petitioner submitted an application before the Commissioner of the Municipal Corporation, respondent no.6, requesting to issue the No Liability Certificate in his favour at page 105 to the paper-book.

(3.) Since pension and gratuity was not issued in favour of the petitioner despite the allegations not being established against him, the petitioner filed the instant writ petition. After the writ petition was filed on April 28, 2017 the Director, Pension, Provident Fund and Group Insurance filed a fact finding report when it was specifically held that the allegations could not be established against the petitioner, page 107 to 110 to the paper-book, Volume-1.