S.R.Misra, J. - (1.) Inspite of receipt of notice the answering respondents have not filed any affidavit-in-opposition. As such the petition is heard and disposed of on merit.
(2.) By means of this Writ petition petitioner challenges a notice for initiating disciplinary Proceeding No. 25 dated 24th of June, 1988 initiated by the Commissioner of Police, respondent No. 2. The brief facts giving rise to this writ petition are as follows:
(3.) The petitioner was a Sub-Inspector of Police. Disciplinary proceedings were initiated against the petitioner being Proceeding No. 52 dated 24th of June, 1988 initiated by the Commissioner of police, respondent No. 2 vide Annexure 'B' to the writ petition. In the meantime, petitioner admittedly has retired from service on attaining the age of superannuation on 31st of October, 1991 vide D. O. No. 1096 dated 31st of October, 1991. Petitioner alleges that during this long period of 39 years petitioner's services were appreciated and commended by the Higher Officials. It has been alleged that the purported charge-sheet has been issued on wrong assumption and the petitioner having retired on attaining the age of superannuation the question of continuing the proceedings after retirement does not arise. In paragraph 11 of the petition petitioner has stated that though the chargesheet was issued on 24th of June, 1988, the respondents have not concluded the departmental inquiry as yet for reasons best known to them. It has also been stated that after the retirement the petitioner has not been paid his retiremental benefits i.e. pension, provident found, gratuity, leave salary, arrear of selection grade pay and other retirement benefits. On enquiry petitioner was informed by the respondents that these retiremental benefits will not be paid to the petitioner so long as disciplinary proceedings initiated against the petitioner are completed. Petitioner was asked to appear on 3rd August, 1991 before the respondent No. 3 in connection with the departmental enquiry. A request was made by the learned Counsel on behalf of the petitioner to the respondent No. 2 to allow to the petitioner pension, gratuity and other retiremental benefits. According to petitioner departmental proceedings were initiated against the petitioner under the provisions of Calcutta and Suburban Police (Subordinate Ranks Recruitment, Conditions of Service and discipline Rules,) 1962. Schedule II of the said Rules provides that punishment shall be of two classes viz. major punishments and minor punishment and that major punishment includes dismissal, removal from service, reduction in rank, etc. Minor punishment includes warning, censorship, extra drill etc. It has also been stated that there is no provision under the said/rules for continuance of a disciplinary proceeding after the retirement of the petitioner on attaining the age of superannuation. Petitioner has placed reliance on Rule 10 of the West Bengal Government Servants (Death-Cum-Retirement Benefit) Rules 1971. Relevant portion of the said rules reads as under: "10 Right of the Governor to withhold pension in certain cases (1) the Governor reserves to himself the right of withholding or withdrawing pension or any part of it whether permanently or for a specified period, and the right of ordering the recovery from pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found guilty in a departmental or judicial proceeding to have been guilty or grave misconduct or negligence, during the period of his service, including service, rendered on re-employment after retirement; Provide that :- (a) Such departmental proceeding if initiated while the officer was in service, whether before his retirement or during his re-employment, shall after the final retirement of the officer, be deemed to be a proceeding under this article and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service." ;