Research › Search › Judgment

Calcutta High Court · body

2012 DIGILAW 891 (CAL)

Krishna Pada v. STATE OF WEST BENGAL

2012-09-24

PRANAB KUMAR CHATTOPADHYAY, TARUN KUMAR DAS

body2012
JUDGMENT Pranab Kumar Chattopadhyay, J. 1. This application has been filed for condoning the delay in preferring the appeal by the appellant. Having heard the learned Advocates appearing for the parties and considering the averments made in this application, we are of the opinion that sufficient reasons have been furnished and adequate grounds have been mentioned for condoning the delay in preferring the appeal. 2. Therefore, the delay in preferring the appeal is condoned. 3. Let this appeal be registered, if the same is otherwise in form. 4. This application thus stands allowed. There will be no order as to costs. Re: C.A.N. 4438 of 2012 5. This application has been filed in connection with the appeal preferred from the judgment and order dated 25th and 26th November, 2010 passed by a Learned Judge of this Court whereby and where under the said Learned Judge finally disposed of the writ petition on merits. 6. The learned Advocate representing the appellant submits that the then Administrator of the school issued a charge-sheet to the appellant/petitioner herein alter retirement. 7. The learned Advocate representing the respective parties, however, did not dispute that the appellant/petitioner herein retired from the post of Headmaster of the school concerned on 1st March, 2002 and the charge sheet was issued on 16th September, 2002. After retirement from service employer-employee relationship comes to an end. Therefore, it is not permissible to issue any charge sheet to the appellant/petitioner by the Managing Committee of the school concerned for initiating any disciplinary proceedings. 8. The learned Advocate representing the school authorities submits that the said school authorities are not interested to proceed further against the appellant/petitioner on the basis of the aforesaid charge-sheet dated 16th September, 2002. 9. In view of the aforesaid stand taken by the school authorities, we are not inclined to issue any direction to the said school authorities at this stage. 10. However, we make it clear that it was not open to the school authorities to initiate any disciplinary proceedings against the headmaster by issuing charge sheet after his retirement. 11. In the aforesaid circumstances the findings of the appeal committee cannot be sustained since the said appeal committee failed to appreciate the legality and/or validity of the initiation of the disciplinary proceedings against the appellant/headmaster after his retirement from service. 12. 11. In the aforesaid circumstances the findings of the appeal committee cannot be sustained since the said appeal committee failed to appreciate the legality and/or validity of the initiation of the disciplinary proceedings against the appellant/headmaster after his retirement from service. 12. For the aforementioned reasons we also modify the impugned judgment and order under appeal passed by the learned Single Judge by setting aside that part of the order wherein the said Learned Single Judge placed reliance upon findings of the Board without appreciating the fact that the school authorities had no right to initiate the disciplinary proceedings against the appellant/headmaster after his retirement. 13. We, however, affirm the direction of the learned Single Judge regarding payment of the Provident Fund dues of the writ petitioner which has admittedly been implemented in the meantime. 14. The appellant/petitioner will be at liberty to apply before the authority concerned for payment of the interest on account of delayed payment of gratuity and other pensionary benefits if admissible in law and in the event such application is filed before the competent authority, then the said authority will decide the aforesaid claim of the appellant/petitioner strictly in accordance with law within three weeks from the date of submission of such claim. 15. With the aforesaid observations and directions we dispose of both the application as well as the appeal upon treating the said appeal as on day's list upon modifying the impugned judgment and order under appeal to the extent mentioned hereinbefore .In the facts of the present case, there will, however, be no order as to costs. Urgent xerox certified copy of this order, if applied for, be supplied to the parties on the usual undertakings. I Agree.