WP(C) 4273/2008 BEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mr. G.P Bhowmik, learned counsel for the petitioner as well as Ms. R Chakraborty, learned Additional Sr. Government Advocate. The petitioner, who has since retired from service on attaining the age of superannuation on 31.01.2007, has filed this writ petition praying for a dire ction to the respondents to release his pensionary and other retirement benefits as may be admissible under the rules. The respondents have not filed any counter-affidavit but Ms. R Chakrbort y, learned Additional Sr. Government Advocate has produced the para-wise comment s furnished to her. From the materials on record it appears that the petitioner while in service was involved in a criminal case pertaining to criminal misappro priation of public money. The criminal case was started with registration of Bai hata P.S Case No.58/1991 corresponding to GR case No.443/1991 registered under S ection 409 IPC. Upon such involvement of the petitioner in a criminal case, he w as placed under suspension by order dated 25.07.1989. However, he was reinstated in service by order dated 25.04.1994 upon revocation of the order of suspension . The petitioner was once again placed under suspension by order date 07.12.2000 on the same charge of financial irregularity and the same was revoked by order dated 19.08.2002. It is the case of the petitioner that since he has been acquitted in the criminal case by judgement and order dated 05.07.2008 in G.R Case No.443/1991, the respondents are duty bound to pay admissible retirement and other pensionary benefits to him. In the para-wise comments the stand of the respondents is that the servi ce of the petitioner having been placed under suspension on two occasions and th e said period having not regularised due to his involvement in financial irregul arities, the pension case of the petitioner could not be finalised. As per said para-wise comments, the petitioner was involved in two financial irregularities amounting to Rs.1,03,867.24 and Rs.1,93,226.79. It is the further stand of the r espondents that the petitioner has not submitted his pension papers as well. Acc ording to the respondents, the petitioner when placed under suspension had left the particular Samabai Sammitee without handing over the charge. Mr. G P Bhowmik, learned counsel for the petitioner, upon a reference to the letter dated 20.11.2006(Annexure-11) addressed to the Registrar of Cooperat ive Societies, Assam by the Assistant Registrar of Cooperative Societies, Mangal dai submits that there was proposal for regularisation of the suspension period after crossing of E.B. by the petitioner. But the competent authority has not ac ted upon the said proposal. Whatever may be the proposed action of the respondents, they cannot sea t over the matter indefinitely. The petitioner has already been acquitted in the criminal case. If the respondents wanted to initiate departmental proceeding ag ainst the petitioner, the same ought to have been initiated earlier. The petitio ner having retired from service on 31.01.2007 on attaining the age of superannua tion, the respondents cannot seat over the matter without taking any final decis ion. Although, it the case of the respondents that the petitioner has not refund ed the aforesaid amount but as submitted by Mr. Bhowmik, learned counsel for the petitioner, the petitioner has already deposited one part of the amount which i s said to be Rs.1,18,000/-. If some amount is recoverable from the pensionary be nefits of the petitioner, the respondents will have to recover the same strictly in accordance with the law and following the due procedure. Till date they have not done anything in the matter. In view of the above, this writ petition is disposed of directing the re spondents to take a final decision in the matter towards payment of the pensiona ry and other retirement benefits to the petitioner as expeditiously as possible but at any rate not later than 31st August, 2010. The respondents shall also consider the grievance of the petitioner re lating crossing of E.B. and fixation of pay etc. while considering his case for grant of admissible pensionary and other benefits. Whatever decision is arrived by the competent authority of the respondents in terms of this order, same shall be communicated to the petitioner. The petitioner may obtain a certified copy of this order and produce the same before the authorities alongwith the copy of this writ petition and enclos ures for their necessary followup action. With the above direction, the writ petition is disposed of.