C. K. Banerji, J. - (1.) The petitioner was originally appointed as Special Debt Conciliation Officer under the Co-operative and Rural Indebtedness Department of the Government of West Bengal through the Public Service Commission. The petitioner was promoted to a Gazetted Post and ultimately in May, 1969 the petitioner was posted in Howrah as the District Compensation Officer under the Land and Land Revenue Department and also as an Executive Magistrate. He remained posted in Howrah from May, 1969 to December, 197l. On the 1st November, 1971 a First Information Report was lodged by the Additional District Magistrate, Howrah implicating the petitioner with one Jayanta Chatterjee and one Biren Bagchi and another person for forgery, cheating and conspiracy being Howrah P.S. case No. 2(11)71. On the 3rd December, 1971 the petitioner was transferred to Alipore where he worked up to 31st December, 1972 and retired on the 1st January, 1973 on attaining the ago of super annuation. The petitioner applied for pension and gratituity and complied with all the formalities required for the same but no pension or gratuity was paid to the petitioner. The petitioner made several representations for payment of his pension and gratuity but without any effect. Ultimately the petitioner after giving a notice demanding justice dated 6th August, 1974 through his lawyer moved this writ petition in this Court Inter alia for grant of his pension and gratuity. The petitioner also made an application for interim orders in the said Rule. On the 2nd June, 1975 the Board of Revenue being served with the said application for interim orders released ⅔rd of his pension. In the affidavit-in-opposition filed in the said application on behalf of the Board of Revenue by Paresh Chandra Chakraborty it was stated that a Criminal case was pending against the petitioner. It was admitted that the petitioner was cited as witness in the said Howrah P.S. case No. 2(11)71 but it was alleged that fresh enquiry was being made by the Police in that case after submission of charge-sheet against two of the other accused. By an order dated the 16th June, 1975 this Court directed payment to the petitioner half of his gratuity in addition to the ⅔rd pension already released.
(2.) The petitioner alleges that on the 7th June, 1973 the District Enforcement Branch, Howrah sought for the opinion of the Public Prosecutor for submission of charge sheet against the accused Jayanta Chatterjee and Biren Bagchi only for trial in the said Howrah P.S. Case No. 2(11)71 wherein the petitioner was cited as a prosecution witness on behalf of the State. The petitioner alleges that nothing was found against the petitioner in the said Howrah P.S. Case No. 2(11)71 will appeal from the memo of evidence therein. A special court being allotted by the State Government for trial of the said Howrah P.S. Case No. 2(11)71 the Investigation Officer on the 27th May, 1974 as directed by his superior officer submitted a charge-sheet under several sections of the Indian Penal Code against the accused Jayanta Chatterjee and Biren Bagchi only.
(3.) On the 17th November, 1974 the Additional District Magistrate Howrah made a written complaint in court whereupon a criminal case was started against the petitioner and two others for alleged wrong payment of certain amount being Howrah P.S. Case No. 17(11)74.;