- (1.) This writ petition has been filed challenging the order dated 24th March, 2010 passed by the learned West Bengal Administrative Tribunal in Case No. O.A. 107 of 2010 whereby and whereunder the said learned Tribunal refused to pass any interim order staying the disciplinary proceedings initiated against the petitioner herein.
(2.) It has been urged on behalf of the petitioner before us that the disciplinary proceedings cannot continue against the said petitioner after retirement. Going through the records, we find that the petitioner was allowed to retire from service on attaining the age of superannuation by the respondent authorities without raising any objection. After retirement, the relationship of master and servant between the petitioner and the employer had ceased to exist. The learned Counsel representing the State-respondents, however, submitted that even after retirement disciplinary proceedings can continue specially when the same was initiated while the petitioner was in service. Mr. Subroto Mukhopadhyay, learned Standing Counsel representing the State-respondents, submitted that in view of the financial involvement, departmental proceedings can continue in the facts of the present case.
(3.) Mr. Mukhopadhyay further submitted that Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 empowers the authorities to continue the disciplinary proceedings even after retirement. On examination of the charge levelled against the petitioner, we find that there was no charge of causing pecuniary loss to the Government. Furthermore, on examination of the charge-sheet issued to the petitioner, we find that the said petitioner was charged with dereliction of duty and gross misconduct unbecoming of member of Police Force.;