- (1.) This writ application is directed against the judgment and order of the West Bengal Administrative Tribunal dated 24th July, 2002 in OA 371 of 2001, disposing of the petitioner's application upon holding that it would be unjustified to debar the authority from passing a final verdict in the disciplinary proceeding which had been concluded.
(2.) The petitioner was a Reader in Zoology in the Education Service and while working in the Presidency College, he was served with an order issued by the Principal Secretary, Higher Education Department, Government of West Bengal, on 1611 August, 1999 placing him under suspension with immediate effect under Rule 7(1)(a) of the West Bengal Services (Classification, Control & Appeal) Rules, 1971, with the contemplation of drawal of departmental proceedings.
(3.) Admittedly, the petitioner retired from service on 31th May, 2001, during the pendency of the disciplinary proceedings. Thereupon he filed an application before the learned Tribunal, inter alia, for a declaration that the disciplinary proceeding initiated against him was not in accordance with the Rules and was liable to be quashed and for further declaration that the disciplinary proceeding initiated against him was a nullity and nonest in the eye of law. One of the points taken before the learned Tribunal was that having regard to the provisions of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, the proceedings against the petitioner could not be continued after his retirement, since there was no involvement of pecuniary loss as contemplated by the said Rule. It was submitted that Rule 10 contemplates continuation of proceedings initiated prior to the retirement of an employee only where grave misconduct was proved with regard to financial irregularities and since, in the instant case, that was not so, the proceedings could not be continued with.;