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2024 Supreme(Cal) 1432
IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA, J.
Santosh Kumar Das – Petitioner
Versus
The State of West Bengal & Ors. – Respondents
WPA 28932 of 2023 with WPA 2090 of 2024
Decided On : 18-06-2024
For the Petitioner: Mr. Biswarup Biswas, Adv., Mr. Lal Ratan Mondal, Adv., Mr. Probal Sarkar, Adv.
For the State : Mr. Jahar Dutta, Adv., Mr. Sasthi Charan Dhara, Adv., Mr. Indranil Roy, Adv., Mr. Tapas Kumar Mondal, Adv.
IMPORTANT POINT
Disciplinary proceedings cannot be initiated against a retired Gram Panchayat employee as they are not classified as government employees under applicable laws.
Headnote:
Disciplinary Proceedings - Gram Panchayat Employee - West Bengal Panchayat Act, 1973; West Bengal Services (Classification, Control and Appeal) Rules, 1971; West Bengal Services (Duties, Rights and Obligations of Government Employees) Rules, 1980; West Bengal Services (Death-cum-Retirement Benefit Rules), 1971; Death-cum-Retirement Benefit Scheme, 1985 - The court held that disciplinary proceedings cannot be initiated against a retired Gram Panchayat employee as they do not fall under the definition of government employees, and the applicable rules do not provide for such proceedings post-retirement.
Fact of the Case:
The petitioner, a retired Secretary of a Gram Panchayat, challenged the initiation of disciplinary proceedings against him after his retirement, arguing that he was not a government employee and that the proceedings were initiated in bad faith.
Finding of the Court:
The court found that there is no legal provision allowing disciplinary proceedings against a Gram Panchayat employee after retirement, and that the petitioner was not a government employee under the relevant rules.
Issues: Whether disciplinary proceedings can be initiated against a retired Gram Panchayat employee, and whether such an employee is considered a government employee under applicable rules.
Ratio Decidendi: The court concluded that once an employee retires, the employer-employee relationship ceases, and disciplinary proceedings cannot be initiated against a retired employee under the existing legal framework.
Result: The disciplinary proceedings against the petitioner were quashed, and the authorities were directed to process his pension application promptly.
JUDGMENT :
(Amrita Sinha, J.) :
The issues to be decided herein are:
a) Whether disciplinary proceeding can be initiated against an employee of the Gram Panchayat after he retired from service upon attaining his normal age of superannuation?
b) Whether a Gram Panchayat employee can be treated as a government employee?
c) Whether a Gram Panchayat employee will be guided by the West Bengal Services (Classification, Control and Appeal) Rules, 1971?
d) Whether the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980 will apply to a Gram Panchayat employee?
e) Whether a Gram Panchayat employee will be covered by the West Bengal Services (Death-cum-Retirement Benefit Rules), 1971 or the Death-cum-Retirement Benefit Scheme, 1985 modified vide memorandum dated 31st May, 2019?
2. The facts pleaded by the petitioner are as follows:
The petitioner was serving as Secretary in Dharampur Gram Panchayat on and from his date of joining on 26th June, 1995. He was transferred to Humaipur Gram Panchayat in May, 2000. He was promoted to the post of Executive Assistant of the Gram Panchayat in February, 2007 and was thereafter transferred to Kedarchandpur Gram Panchayat-I in August, 2017. He attained his normal age of superannuation on 31st July, 2023.
3. In September, 2021 the petitioner was requested to attend an ‘Open Examination’ before the enquiry officer in the anti-corruption/vigilance office, which he duly attended. In November, 2021 the petitioner was intimated and directed to remain present for ‘Technical Assessment’ before the technical experts of the State Vigilance Commission for evaluation of the double storied building owned by him, which he duly complied. No further intimation was given to the petitioner with regard to the vigilance enquiry.
4. The petitioner filed his comprehensive e-pension application on 22nd August, 2022. As Pension Payment Order was not issued in his favour after his retirement, he filed a writ petition being WPA 28932 of 2023 and served copy of the writ petition upon the respondent authorities. On receiving the copy of the writ petition, the disciplinary authority and the District Magistrate and Collector issued a communication dated 9th January, 2024 intimating the petitioner that an inquiry over article of charges framed under Rule 52 of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004, as amended in 2006, read with the West Bengal Services (Classification, Control and Appeal) Rules, 1971, would be held against him. The petitioner was directed to submit written statement in his defence to the inquiry authority. The article of charges with the signature of the disciplinary authority was forwarded to the State Vigilance Commission on the self-same date i.e. 9th January, 2024.
Submissions of the petitioner:
5. Specific submission of the petitioner is that the disciplinary proceeding initiated against him after his retirement is mala fide, motivated and bad in law. After retirement from service the employer-employee relationship ceases to exist and, as such, disciplinary proceeding could not have been initiated.
6. It has been submitted that the post of Executive Assistant of the Gram Panchayat is not a government post in terms of Rule 35 of the West Bengal Panchayat Act, 1973. The service condition of the petitioner was governed by the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004, as amended in the year 2006. The petitioner was appointed to the post by the panchayat authority and not by the order of the Governor as required under the West Bengal Services (Classification, Control and Appeal) Rules, 1971.
7. The pensionary benefit of the petitioner is governed by the West Bengal Death-cum-Retirement Benefit Scheme, 1985 as amended/modified. The e-pension paper of the petitioner authenticated by the Block Development Officer was submitted in the month of August, 2022, i.e. long prior to his retirement. The show cause notice along with
