S N BHATTACHARYA Vs. CALCUTTA IMPROVEMENT TRUST

JUDGEMENT

(1.) This appeal can be disposed of on a very short point. The appellant at the relevant time was an employee of the Calcutta Improvement Trust. He admittedly retired from the service of the Trust on January 31, 1994. On June 2, 1997 an office order was issued by the Calcutta Improvement Trust, respondent 1 in this appeal whereby a charge-sheet was served upon the appellant. This office order was accompanied by the copy of the charge-sheet, Annexure 1 being article of the charge- sheet, Annexure 2 being Statement of Imputations, Annexure 3 being list of witnesses and Annexure 4 being the memo of evidence. The appellant challenged the initiation of disciplinary proceedings through the aforesaid charge-sheet issued under Article 226 of the Constitution of India by filing a writ application in this Court but the appellant's contentions before the learned single Judge failed who vide judgment dated April 13, 1998, dismissed the Writ application. It is against this judgment that the present appeal has been filed by the appellant.

(2.) Respondent 1, in the exercise of the power conferred upon it by Section 31 of the Calcutta Improvement Trust Act framed Calcutta Improvement Trust Employees (Death-cum-Retirement Benefit) Rules, 1988. It is under these Rules generally speaking that detailed provisions are made for grant of pension and other retirement benefits to the employees. Rule 54 of 1988 Rules reads as under:

(3.) There is no provision in the aforesaid 1988 Rules whereby disciplinary proceedings can be initiated against an employee of the Calcutta Improvement Trust after his retirement. Since in the present case admittedly, the appellant retired on January 31, 1994, and disciplinary proceedings were initiated on June 2, 1997, that is almost 31 years after his retirement, 1988 Rules not being applicable, on the force of Rule 54 (supra), respondent 1 based the initiation of disciplinary proceedings against the appellant on West Bengal Services (Death-cum- Retirement Benefit) Rules, 1971. Rule 10 of 1971 Rules reads as under: