ARUN KUMAR BISWAS Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(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:

(3.) Rule 10 of the West Bengal Services (Death -cum -Retirement Benefit) Rules, 1971, provides as follows: