SMT. ALOKA BHATTACHARJEE Vs. NORTH BENGAL STATE TRANSPORT CORPORATION AND ORS.
LAWS(CAL)-2018-8-301
HIGH COURT OF CALCUTTA
Decided on August 10,2018

Smt. Aloka Bhattacharjee Appellant
VERSUS
North Bengal State Transport Corporation And Ors. Respondents

JUDGEMENT

DEBASISH KAR GUPTA,J. - (1.) This is an application for passing appropriate order in connection with the appeal preferred against a final order dated August 2, 2017 passed in the writ application.
(2.) By virtue of the order impugned to the writ application, the respondent authority, namely, the North Bengal State Transport Corporation was directed to pay interest @ 9% per annum on delayed payment of the amount, which was due and payable to the deceased-husband of the appellant after taking into consideration the order of punishment dated October 3, 2007 passed by the respondent authority.
(3.) The appellant is the widow of an erstwhile employee under the respondent? Corporation. A few days before his attaining the age of retirement on superannuation on August 31, 2006, he was placed under suspension by an order dated July 6, 2006 in view of the disciplinary proceedings drawn up against him. Subsequently, the above order of suspension was withdrawn. Though the deceasedhusband of the appellant was allowed to retire from the services, a disciplinary proceeding initiated against him continued. The above disciplinary proceeding came to an end by an order of punishment passed by the respondent authority and the operative portion of the above order of punishment dated October 3, 2007 is quoted below:- "So he had acted as an accomplice. He deserves severe punishment for his misdeed and I pass the following orders:- 1. Since Shri Dipak Bhattacharjee had retired from the service on 31.08.2006, so an amount of Rs. 2,03,821.00 + Rs. 30,573.00 (interest @ Rs. 15% of Rs. 2,03,021.00) = Rs. 2,34,394.00 (Rupees two lacs thirty four thousand three hundred ninety four) is to be deducted from his Retirement Benefits payable in favour of Shri Dipak Bhattacharjee. 2. The period of suspension will be treated as on punishment during the period of suspension he will get anything other than subsistence allowance. An interim order for joining was issued vide this office Memo No. 358/6/NSTC/Disc/SLG/IV Dated 30.08.2006.";


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