JUDGMENT :

DIPANKAR DATTA, J.

1. The Municipal Commissioner of Kolkata Municipal Corporation (hereafter KMC) and 3 (three) of its officers are the appellants before us, in this intra- court writ appeal. They are aggrieved by the order dated August 6, 2018, whereby a learned Judge of this Court disposed of WP 24373 (W) of 2017 presented by the respondent no.1 (hereafter the writ petitioner) with directions as follows:

"It appears from the records that the petitioner was placed under suspension on May 3, 2003 and retired from service on February 29, 2016. No disciplinary proceeding was initiated against him, in the interregnum. At least the same did not culminated into order of punishment. The petitioner was acquitted from criminal charges on August 25, 2017. In view of this, since the petitioner did not suffer any punishment in connection with any disciplinary proceeding relating to his service, the KMC authorities are obliged to pay the petitioner retirement benefits treating him to be in service and by discounting the fact that the petitioner was placed under suspension on May 3, 2003.

Therefore, the KMC authorities shall calculate and disburse the retirement benefits of the petitione