State Of West Bengal & Ors vs Pronab Chakraborty

CIVIL APPEAL NO. 2641 OF 2012 The respondent – Pronab Chakraborty was inducted into the employment of the police department of the State of West Bengal, wherein while he was holding the post of Inspector of Police in the Enforcement Branch, he was issued a chargesheet dated 31.07.2007. The charges which were levelled against the respondent, are being extracted hereunder:

2. Soon after the issuance of the above chargesheet, the respondent retired from service on attaining the age of superannuation on 31.01.2008. Dissatisfied with the continuation of the above departmental proceedings (in furtherance of the chargesheet dated 31.07.2007), after the respondent - Pronab Chakraborty had attained the age of superannuation, he approached the West Bengal Administrative Tribunal (hereinafter referred to as 'the Administrative Tribunal') by filing Case No. O.A. 8547 of 2007. In the above case an order dated 05.08.2010 was passed by the Administrative Tribunal, directing the enquiring authority to dispose of the pending departmental proceedings in accordance with the Rules.

3. The above order dated 05.08.2010 was assailed by the respondent before the High Court of Calcutta (hereinafter referred to as 'the High Court') by filing W.P.S.T No. 497 of 2010. The primary contention of the respondent before the High Court was, that the respondent having retired on attaining the age of superannuation (with effect from 31.01.2008), departmental proceedings initiated against him, could not be allowed to proceed further. The High Court, vide its impugned order dated 22.12.2010, accepted the prayer made by the respondent. The High Court, having interpreted Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 (hereinafter referred to as 'the 1971 Rules'), arrived at the conclusion, that departmental proceedings being conducted against an individual employee, could proceed further after the employee's retirement, only when the allegations contained in the charges levelled against him, depict pecuniary loss to the State Government. The High Court further arrived at the conclusion, that since the charges levelled against the respondent herein, did not depict any pecuniary loss to the State Government, proceedings against the respondent could not continue after 31.01.2008.

6. In view of the above, we hereby set aside the impugned order passed by the High Court. We reaffirm the order passed by the Administrative Tribunal on 05.08.2010.

7. Civil Appeal is allowed, with no order as to costs. CIVIL APPEAL NO. 2616 OF 2012 Learned senior counsel and learned counsel for the rival parties agree that the controversy in this Appeal is squarely covered by the decision rendered by this Court in State of West Bengal & Ors. Vs. Pronab Chakraborty (Civil Appeal No. 2641 of 2012 decided on October 15, 2014).

2. The instant Civil Appeal is, accordingly, allowed, in terms of order passed in Civil Appeal No. 2641 of 2012. No costs. CIVIL APPEAL NO. 2643 OF 2012 Learned senior counsel and learned counsel for the rival parties agree that the controversy in this Appeal is squarely covered by the decision rendered by this Court in State of West Bengal & Ors. Vs. Pronab Chakraborty (Civil Appeal No. 2641 of 2012 decided on October 15, 2014).

2. The instant Civil Appeal is, accordingly, allowed, in terms of order passed in Civil Appeal No. 2641 of 2012. No costs. CIVIL APPEAL NO. 2642 OF 2012 Learned senior counsel and learned counsel for the rival parties agree that the controversy in this Appeal is squarely covered by the decision rendered by this Court in State of West Bengal & Ors. Vs. Pronab Chakraborty (Civil Appeal No. 2641 of 2012 decided on October 15, 2014).

2. The instant Civil Appeal is, accordingly, allowed, in terms of order passed in Civil Appeal No. 2641 of 2012. No costs.

S.L.P.(CIVIL) NO. 9015 OF 2014 Delay condoned.

2. Leave granted.

4. The decision rendered by us in Civil Appeal No. 2641 of 2012 does not go into the merits of the controversy, but it only examines the permissibility of the continuation of the departmental proceedings after the superannuation of the concerned employee.

5. Therefore, even as against the respondent herein we hold, that the departmental proceedings can be continued even after his retirement on attaining the age of superannuation (with effect from 31.01.2007). Viewed thus, we consider it just and proper to relegate the matter back to the High Court for adjudication of the controversy raised by the respondent on merits in accordance with law. The High Court shall examine the merits of the controversy, besides the issue which we have settled while disposing of Civil Appeal No. 2641 of 2012.

6. Civil Appeal is disposed of as above, with no order as to costs.