- (1.) W.P. 11663(W) of 2010, filed by the petitioner, was disposed of on November 30, 2010. The order reads as follows: "The petitioner was the Headmaster of Ghonja High School (HS). He retired from service on attaining the age of superannuation on 28.2.2010. However, by an order dated 23.2.2010 he was placed under suspension on the allegation of misappropriation of school funds. In this petition dated 21.5.2010, the petitioner has prayed for direction on the respondent authorities to sanction pension, gratuity and other retiral benefits including provident fund and to release the same at an early date. I have heard counsel for the parties. Even if the petitioner has committed the offence of misappropriation of funds, the school authority has no competence to proceed against him departmentally in view of the Division Bench decision of this Court (Durgadas Mukhopadhyay vs. State of West Bengal & Ors., 2007 4 CalHN 382). Interim suspension, ordered by the school, therefore, is of no significance. However, it has been brought to my notice that a complaint has been lodged with the police authorities on the selfsame allegation of misappropriation of funds by the petitioner. No charge-sheet has yet been submitted before the criminal court and hence, question of taking cognizance does not arise. As on date, it cannot be contended that any criminal proceeding is pending against the petitioner. There can, therefore, be no impediment in sanctioning and releasing retiral benefits in favour of the petitioner. This writ petition stands disposed of with a direction upon the District Inspector of Schools (S.E.), North 24 Parganas to take necessary steps for release of retiral benefits in favour of the petitioner after complying with all legal formalities. The District Inspector must ensure that the petitioner sees the colour of pension and other retirement benefits as early as possible but not later than 6 months from date. It is, however, made clear that if the criminal court takes cognizance of offence allegedly committed by the petitioner, and by that time the petitioner has not been paid his entire retiral benefits, he shall be entitled to provisional pension and provisional gratuity in terms of the rules till such time he is exonerated in the criminal proceedings. If the petitioner is entitled to his own contribution of provident fund, the District Inspector shall ensure that the same is released in his favour as early as possible but not later than a month from date of receipt of a copy of this order. There shall be no order as to costs. Urgent certified photostat copy of this order if applied for, be supplied to the parties expeditiously."
(2.) By filing CPAN 719 of 2011, the petitioner alleged wilful and deliberate violation of the directions contained in the order dated November 30, 2010 by Sri Amar Kr. Seal, the District Inspector of Schools (SE), 24 Parganas (N).
(3.) Despite service of the contempt application on the contemnor/respondent, he did not appear on January 24, 2012. Rule was issued calling upon him to show cause as to why he should not be committed to prison or otherwise penalised or dealt with for wilful and deliberate violation of the order dated November 30, 2010.;