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ANIRUDDHA ROY
Kunal Chandra Sen – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Facts:
1. The writ petitioner on December 20, 2004 was appointed as the Headmaster of Chandernagore Banga Vidyalaya (for short, the said school) on a temporary basis. On February 01, 2005 the petitioner was appointed as the permanent Headmaster and the appointment was approved on March 04, 2005 by the Additional District Inspector of Schools, Secondary Education, Chandernagore. On February 11, 2015 the respondent no.3 forwarded the pension papers of the petitioner to the Assistant Director, Pension, Provident Fund and Group Insurance, Department of Finance for approval at page 75 to the paper-book, Volume-I. On May 16, 2005 Ms. Mahalanabish & Associates has submitted an audited account at the instance of the petitioner. On July 09, 2015 a complaint was made by the one Ashok Kumar Sah, a local MLA to the Secretary of the School Education Department against the petitioner alleging misappropriation of fund at pages 359 to 360 to the paper-book, Volume-3. On July 31, 2015 the petitioner retired. The Assistant Director, Pension, Provident Fund and Group Insurance returned the papers pertaining to the grant of pension to the petitioner to the respondent no.3 wit
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....
A judicial proceeding must have a nexus with the employee's employment to disentitle the employee from receiving pensionary benefits.
The main legal point established is the entitlement to provisional pension in the context of suspension, superannuation, and pending criminal proceedings, as per relevant rules and government orders.
Post-superannuation fresh departmental enquiry invalid under Pension Rules 1982 Rule 27 after two service-period exonerations; no de novo without reasons/opportunity; mandates release of salary, pens....
The Pension Scheme applies to all qualifying service, including time served before receiving grant-in-aid, ensuring entitlement to pension for eligible employees.
The court emphasized the importance of conducting departmental proceedings in accordance with the principle of natural justice and directed payment of provisional pension to the petitioner.
The requirement of valid sanction, limitation on initiating action after retirement, and the necessity of specific charges for fair opportunity for defense.
Disciplinary proceedings against retired employees are barred if events occurred over four years prior to charge issuance; pension and gratuity cannot be withheld without proven moral turpitude invol....
The main legal point established in the judgment is the requirement for compliance with the principles of natural justice in administrative proceedings, particularly in matters involving major punish....
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