Decided on June 02,2022

Prabhati Debbarma Appellant


ARINDAM LODH,J. - (1.)Heard Mr. P. K. Pal, learned counsel and Mr. H. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. D. Sarkar, learned counsel appearing for the Corporation (respondent Nos. 2, 3 and 4) and Mrs. Sarama Deb, learned counsel appearing for the State-respondent.
This writ petition has been filed by the petitioner for granting gratuity and leave encashment.

The petitioner was an employee under the respondent Nos. 2, 3 and 4. He had served as many as 40 (forty) years under the same respondents. There is no adverse entry in his service record. After his retirement, the respondent No. 2 had written a letter alleging that there are some outstanding dues. It is further alleged by letter dtd. 20/3/2020 that for the financial years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11, 2011-12, he could not produce vouchers relating to expenditure incurred under different schemes of the Government.

The petitioner retired from his service on 31/1/2020. Before his retirement, no allegations had been levelled against him. There was no charge of financial irregularities or misappropriation against the petitioner. However, the petitioner after receipt of the said letter dtd. 20/3/2020 had given an explanation by his reply dtd. 20/3/2020. The contents of the entire reply are reproduced herein-below for ready reference.


The Deputy Manager,

(North) Zone, Kumarghat.

Ref.No-2-16/TRPC/NZ/DyM/2019-20-3045-46 dt.20/03/2020

Sub: Ledger Balance

Sir, With reference above the cited Subject-I have the honour to inform you that I have received a Register letter from Post office which was sent from Deputy Manager, North Office on 28/3/2020 and mentioned Regarding Ledger Balance.

I am very much unfortunate to reply your letter that I have submitted (N.L.C.P.R) Bills and Vouchers of Avhanga R.P.C., Katalutma Project, Kanchancherra R.P.C. and Machli and Karamcherra R.P.C in due time to North Zone Kumarghat office. Why the then Dy. Manager is not adjusted, I do not know.

The original Vouchers of (M.G.N.R.E.G.P.)Avanga R.P.C. and Katalutma Project submitted to Dhalai DM Office and adjusted accordingly. There are no outstanding Ledger Balance of myself.

The Duplicate Vouchers submitted to Kumarghat, Deputy Manager Office.

This is for your kind information and doing the needful action please.

Yours faithfully,

Saroj Debbarma"

(2.)Without going further into the merit of the case, in my opinion, since the respondents could not level any allegations against him during his service period, the petitioner should not be deprived of his legitimate gratuity and leave encashment.
(3.)I have already observed that the respondents had demanded vouchers for the financial years 2005-06, 2006-07, 2007-08, 2008-09, 2009-10 and 2010-11, 2011-12 to 2012. Had there been any irregularities regarding submission of vouchers, then, it could have been brought to the notice of the petitioner within a reasonable period of time, and the reasonable period of time, in the opinion of this court, would have been maximum one and half years. The respondents had failed to level any allegations till the date of his retirement.

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