IMPORTANT POINT
In terms of rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, departmental proceeding initiated for misconduct can continue even after superannuation. Pecuniary loss to Government is not pre-requisite for continuation of the proceeding.

Judgment

J.S. Khehar, J.

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:

“CHARGE – 1 : While you were a S.I. of Police of Howrah District during the period between 01.01.88 and 31.12.93, you acquired total assets in the shape of land, property and deposit in the Bank to the extent of Rs. 3,44,600/-. Out of the said sum, an amount of Rs. 2,69,246.80 paise for which you could not give any cogent explanation for acquisition of the properties which were subsequently established as disproportionate of asset to your known source of income.

CHARGE – 2 : On 21.06.2002 you acquired the asset in the shape of investment in United Bank of India, Sahanpur Branch, Howrah as fixed deposit to the extent of Rs. 5,00,000/-(Rupees Five Lakhs) only vide A.C. No. 401/02 in the name of your son, Partha Pratim Chakraborty and sister-in-law Smt. Krishna Majumder both dependent on you. You could not give any cogent explanation for such acquisition which is disproportionate to your known source of income.

CHARGE – 3 : On 27.07.1988 while you were attached with the Howrah District as S.I., acquired immovable property in the shape of a plot of land measuring 3 Kathas vide Dag No. 538, Khatian No. 678, Mouza Sahanpur, District Howrah in the name of your wife, Smt. Sandhya Chakraborty and dependent sister-in-law at the cost of Rs. 33,600/-vide Deed No. 1-4344/88. You constructed a house thereon and subsequently disposed of the house by selling the same to Smt. Malati Devi Barnwal at the cost of Rs. 3 Lakhs vide Sale Deed No. 1957/96. You did not obtain prior sanction from your appointing authority before purchase of land, construction of house and sale of the house which is obligatory on the part of a Public Servant. As such, you are charged with gross misconduct.

CHARGE – 4 : On 24.10.2000 and on 19.06.2003 you acquired movable properties in the shape of Motor Cycle having registered No. WB-124-3924 at the cost of Rs. 47,000/-and WB-12H-7613 at the cost of Rs. 33,500/-in the name of your dependent son Shri Partha Pratim Chakraborty. You did not obtain prior permission from your appointing authority before purchase which is obligatory on the part of a Public Servant. You are thereby charged with grave misconduct.

CHARGE – 5 : You ere charged with misconduct for not submitting declaration of assets for the period as they stood on and from 01.01.90 to 01.01.99 which were revealed from the Memo. No. 3219/DEB dated 19.12.96 of S.P., D.E.B., Howrah and Memo. No. 118/PER/GA-II/PER/GA-II/45-2000 dated 22.01.2001 of Inspector General of Police, Headquarters, West Bengal. Those declaration of assets were called for the purpose of scrutiny of assets either acquired by you in your own name or acquired in the name of other dependence on you.

CHARGE – 6 : You submitted your declaration of assets for the period as they stood on 25.08.99 and 31.01.2000 which should have been submitted on 01.01.99 and 01.01.2000. The declaration of assets bore no date of submission and you did not deliberately disclose the material information regarding acquisition of assets with a malafide intention to suppress the actual assets. You were charged for grave misconduct.”

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 ca