PRANAB KUMAR DEB, J.

This writ petition has been filed challenging the order dated 24th March, 2010 passed by the learned West Bengal Administrative Tribunal in Case No. O.A. 107 of 2010 whereby and whereunder the said learned Tribunal refused to pass any interim order staying the disciplinary proceedings initiated against the petitioner herein.

It has been urged on behalf of the petitioner before us that the disciplinary proceedings cannot continue against the said petitioner after retirement.

Going through the records, we find that the petitioner was allowed to retire from service on attaining the age of superannuation by the respondent authorities without raising any objection. After retirement, the relationship of master and servant between the petitioner and the employer had ceased to exist.

The learned Counsel representing the State-respondents, however, submitted that even after retirement disciplinary proceedings can continue specially when the same was initiated while the petitioner was in service. Mr. Subroto Mukhopadhyay, learned Standing Counsel representing the State-respondents, submitted that in view of the financial involvement, departmental proceedings can continue in the facts of the present case.

Mr. Mukhopadhyay further submitted that Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 empowers the authorities to continue the disciplinary proceedings even after retirement.

On examination of the charge levelled against the petitioner, we find that there was no charge of causing pecuniary loss to the Government. Furthermore, on examination of the charge-sheet issued to the petitioner, we find that the said petitioner was charged with dereliction of duty and gross misconduct unbecoming of member of Police Force.

Main allegation levelled against the petitioner in the said charge-sheet is that on 21st January, 2008 under the direction of the said petitioner, one Sub-Inspector of Police arrested Sri Mahendra Suralia, Proprietor of Shree Hanuman Steel Traders and allegedly detained him in Police Station for the entire day with malafide intention and booked him on flimsy grounds of violation of the provisions of Motor Vehicles Act.

The other charge mentioned in the said charge-sheet against the petitioner is that on 23rd June, 2008, said petitioner arrested and restrained said Sri Mahendra Suralia again from attending the Government auction.

Rule 10 (1) of West Bengal Services (Death-cum-Retirement Benefit) Rules 1971 provides:-

“10. Right of the Governor to withhold pension in certain cases.–(1) The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it whether permanently or for a specified period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in a departmental or judicial proceeding to have been guilty of grave misconduct or negligence, during the period of his service, including service rendered on re-employment after retirement:

Provided that-

a) such departmental proceeding if instituted while the officer was in service, whether before his retirement or during his re-employment, shall after the final retirement of the officer, be deemed to be a proceeding under this article and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service ;

b) such departmental proceedings, if not instituted while the officer was in service, whether before his retirement or during his re-employment-

i) shall not be instituted save with the sanction of the Governor

ii) shall not be in respect of any event which took place more than (four years) before such institution; and

iii) shall be conducted by such authority and in such place as the Governor may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from s