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SUBRATA TALUKDAR, LAPITA BANERJI
Managing Committee of Mitra Institution (Main) – Appellant
Versus
Anisur Rahman – Respondent
JUDGMENT :
Lapita Banerji, J.
1. This appeal and application arises out of a judgment and order dated March 8, 2022 (impugned order) passed by an Hon’ble Single Bench of this High Court. By the impugned order, the Hon’ble Single Bench allowed the writ petition and directed the Headmaster of the school to issue and send a “No Liability Certificate” in favour of the petitioner to the Treasury Officer concerned, Barasat- II, through District Inspector of Schools (SE), Kolkata. The said “No Liability Certificate” was to be issued for the purpose of disbursement of pensionary benefits and all the other post retirement benefits to the writ petitioner/private respondent No.1/Retired Headmaster as per Pension Payment Order (for short “the PPO”) dated February 24, 2021.
2. Being aggrieved by and dissatisfied with the impugned order, the Managing Committee of the school in issue/respondent no.5 in the writ petition, preferred the present appeal being MAT No.516 of 2022.
3. The principle grounds of challenge in the appeal are that, after the discovery of serious financial irregularities committed by the writ petitioner/Headmaster, subsequent to his retirement on June 30, 2020, “No Liability Certi
The eligibility and entitlement to pension cannot be reduced or withheld without proof of corruption or disciplinary proceedings, and pension and pensionary benefits are the property of the employee ....
A retired headmaster's entitlement to pension cannot be withheld due to unproven financial allegations post-retirement, but provisional pension may be granted pending reconciliation of account discre....
Pension benefits cannot be withheld without pending disciplinary proceedings at the time of retirement, as established by the DCRB Scheme, 1981.
Absence during inspections does not prove student admissions are bogus; proper evidence must be considered before imposing liability.
Under Article 227, High Court cannot interfere with school tribunal's setting aside of prejudiced disciplinary inquiry where findings mismatch framed charges, absent perversity or natural justice vio....
A court exercising its equitable jurisdiction will not exercise such jurisdiction when a prima facie view of fraud has been opined by an expert and a properly constituted criminal trial is required.
The termination order was found to be arbitrary, unjust, and against the principles of natural justice, leading to its setting aside and the reinstatement of the petitioner.
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