B.P. Banerjee, J. - (1.) This is an appeal against the judgment and order dated June 21, 1991, passed by the learned trial Judge in Civil Order No. 946(W) of 1988 whereby the learned trial Judge after quashing the charge -sheet granted liberty to the Respondents to proceed afresh by issuing a charge -sheet in accordance with law. The scope of the appeal has become very much limited in view of the fact that the writ Petitioner Appellant herein has retired from service on August 31, 1991, and that the only question that is involved in this appeal is whether disciplinary proceeding of this nature could be continued under the provisions of Rule 10(1) of the West Bengal Service (Death -cum -Retirement) Rules, 1971. It is not necessary to go into the other questions.
(2.) Pursuant to the order of the learned trial Judge a fresh charge -sheet has been issued wherein it has been stated as follows: On 12.1.84 S.I. M.L. Sikdar, the then O.C. Durgapur P.S. endorsed you the investigation of Durgapur P.S. Case No. 16 dt. 12.1.84 Under Sec. 461/379 I.P.C. changed to Sec. 395 I.P.C. while you were attached to Faridpur I.C. under Durgapur P.S. But till 3.2.84 you failed to submit any case diary in connection with this case as a result actions taken by you being an Investigating Officer of this case are not known to the Superior Officers. Now, therefore, in pursuance of clause II of Article No. 311 of the Constitution of India and Regulation 861 of P.R.B. Vol. I, 1943, the undersigned is pleased to hereby require you to put in before Sri M. Malaviya I.P.S., Addl. S.P. Durgapur who has been appointed as an enquiring officer to enquire into the aforesaid charges against you. You are hereby directed to state in writing whether you plead guilty to the charges or you desire to be heard in person or call any witnesses or produce any documents in favor of your defense within 7 days from the date of receipt of charges. The statement of allegations on which the aforesaid charges are based is enclosed. Sd/ - P.N. Saha.Superintendent of Police, Burdwan.
(3.) Rule 10 of the West Bengal Services (Death -cum -Retirement Benefit) Rules, 1971, provides as follows: 10. Right of the Governor to withhold pension in certain cases - - (1) The Governor reserves to himself the right of withholding or withdrawing a pension or any part of it whether permanently or for a specific period, and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government if the pensioner is found in a departmental or judicial proceeding to have been guilty of grave misconduct or negligence, during the period of his service, including service rendered on reemployment after requirement.;