Barin Ghosh, J. - (1.) The petitioner, in the instant writ petition, was the Reader in Bengali at Jogesh Chandra Chaudhuri College, Calcutta. After retirement of the erstwhile Principal of the said College, the petitioner officiated as Teacher -in -Charge of the said College till the appointment of yet another Principal upto 16th March, 1999. The petitioner retired on superannuation on 1st August, 2000. Prior to his retirement the petitioner applied for three months earned leave. That was not granted in the academic interest of the College. However, the College agreed to pay to the petitioner Leave Denial Salary for the period of three months. After his retirement, the pension of the petitioner has been released with effect from 1st November. 2000 inasmuch as under the relevant rules the petitioner was not entitled to pension for a period equal to the period during which he was entitled to Leave Denial Salary. On 19th December, 2001 the Assistant Director of Public Instruction sanctioned Leave Denial Salary payable to the petitioner. The said College has collected the sanctioned amount payable to the petitioner on account of Leave Denial Salary, but has not paid the same to the petitioner. With effect from 1st January, 1996 the pay scale of the petitioner was revised by reason of revision of pay scale of teachers of colleges covered by Pay -Packet Scheme. Fifty per cent of the difference payable to the petitioner on account of such revision has been paid to him. A further 25% of the difference has also been released by the Government and the same has been received by the said College, but the petitioner has not been paid the same. As on the date of filing of the present writ petition, the balance 25% had not been released. The reason for not paying Leave Denial Salary and 25% of the difference appears to be Item No. 6 of the Auditors' Report on the accounts of the said College for the year ended 30th June, 1999. The said Item No. 6 is as follows : "6. Legal Expenses: Legal expenses of Rs. 84.900/ - was debited on 10/12/1998 in cash book for 1998 -1999. The amount was paid to Mr. Aloke Kumar Biswas, Advocate. Money receipts and expenditure statement are attached with the vouchers. Other documents to justify the expenditure were not available to us for verification. The expenditures were incurred out of President's Emergency Funds. Legal expenses of Rs. 3000/ - on 17/12/1998 and Rs. 1000/ -on 16.03.1999 were incurred and amounts were paid to Mr. S. B. Mukherjee. But supporting documents to justify were not available."
(2.) Because of the said note, the said College wrote a letter to the petitioner on 16th January, 2002. In that letter in was mentioned that Rs. 84,990/ - was paid to the Secretary by cash on account of legal expenses. It was also mentioned that there was no suit or legal matter either pending or disposed of by the said College vis -a -vis the University of Calcutta or any other Institution whatsoever and accordingly question of incurring any legal expenses by the said College did not arise. Under the circumstances, by that letter the petitioner was requested to prove that the said amount of Rs. 84,990/ - had not been misused/misappropriated as reflected in the Report of the Government Auditors dated 30th May, 2001 or to refund the said amount to the College. From the said, letter it would be evidenced that though no supporting document to justify payment of Rs. 4000/ - to Mr. S. B. Mukherjee was available, yet the College did not call for any explanation from the petitioner in relation thereto. The petitioner was asked to explain in relation to the expenditure of Rs. 84,990/ -, for the said College was not involved in any litigation at the relevant time.
(3.) The petitioner by his letter dated 29th January, 2002 brought it to the notice of the said College that the sum of Rs. 84,990/ - was drawn and paid to Shri Aloke Biswas. Advocate on account of expenses and counsels' fees in relation to the litigation of the College in the Supreme Court with the University of Calcutta/Government of West Bengal, which was pending since many years.;