- (1.) The Petitioner herein has challenged the impugned judgment and order dated 13th January, 2009 passed by the West Bengal Administrative Tribunal in case number O.A. 9333 of 2008 whereby and whereunder the said learned Tribunal permitted the State Respondents to proceed with the departmental proceedings initiated against the Petitioner ignoring the fact that the said Petitioner has already retired from service.
(2.) Mr. Ekramul Bari, learned Advocate representing the Petitioner submits that the Petitioner herein Has retired from service on 29th February, 2008 and, therefore, the Respondent authorities cannot proceed with the departmental proceedings against the Petitioner herein. Mr. Bari further submits that the employer employee relationship comes to an end with the retirement of the concerned employee. Mr. Bari submits that unless there is allegation of Government suffering financial loss on account of misconduct or negligence of the retired employee, departmental proceedings after the retirement of the said employee cannot continue in terms of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971.
(3.) Mr. Bari referred to and relied on a decision of the Division Bench of this Court in the case of Gour Chandra Sarkar v. State of West Bengal and Ors., 2010 3 CalHN 871 wherein this Court considering several earlier decisions of the Division Bench of this Court as well as the Supreme Court specifically held that the authorities are not entitled to proceed against the concerned employee after retirement due to the operation of law.;