STATE OF WEST BENGAL & ORS. versus PRONAB CHAKRABORTY

Citation: [2014] 11 S.C.R. 76 · Decided: 15-10-2014 · Supreme Court of India · Bench: J.S. KHEHAR · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
[2014] 11 S.C.R. 76 
STATE OF WEST BENGAL & ORS. 
v. 
PRONAB CHAKRABORTY 
(Civil Appeal No. 2641 of 2012 etc.) 
OCTOBER 15, 2014 
[JAGDISH SINGH KHEHAR AND ARUN MISHRA, JJ.) 
Service Law: 
c 
West Bengal Services (Death-cum-Retirement Benefit) 
Rules, 1971 -
r.10(1) - Departmental proceedings -
Continuation of - After superannuation of the delinquent 
employee - Permissibility - Held: Departmental proceedings 
can be continued even after retirement on attaining 
o superannuation age. 
Disposing of the appeals, the Court 
HELD: Even in the absence of any pecuniary loss 
caused to the Government, it is open to the employer to 
E continue the departmental proceedings after the 
employee has retired from service. Obviously, if such 
grave misconduct or negligence, entails pecuniary loss 
to the Government, the loss can also be ordered to be 
recovered from the concerned employee. [Para 5) [81-H; 
F 82-A-B] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
2641 of 2012. 
• 
From the Judgment & Order dated 22.12.2010 of the High 
G Court at Calcutta in W.P.S.T. No. 497 of 2010 
WITH 
C.A. No. 2642, 2643, 2616 of 2012 and 9828 of 2014. 
H 
76 
•
• 
STATE OF WEST BENGAL v. PRONAB 
CHAKRABORTY 
77 
Kalyan Kr. Bandopadhyay, Anip Sachthey, Shagun Matta 
A 
for the Appellants. 
Avijit Bhattacharjee, Bikas Kar Gupta, Sarbani Kar, Deba 
Prasad Mukherjee, Subhasish Bhowmick, S.C. Patel, Nitin 
Luthra, Vasuman Khandelwal, Gaurav Agrawal for the B 
Respondent. 
The Judgment of the Court was delivered by 
J.S. KHEHAR, J. : 
CIVIL APPEAL NO. 2641 OF 2012 
1. The respondent - Pronab Chakraborty was inducted 
into the ~mployment of the police department of the State of 
West Bengal, wherein while he was holding the post of Inspector 
c 
of Police in the Enforcement Branch, he was issued a D 
chargesheet dated 31.07.2007. The charges which were 
levelled against the respondent, are being extracted hereunder: 
"CHARGE - 1 : While you were a S.I. of Police of Howrah 
District during the period between 01.01.88 and 31.12.93, 
E 
you acquired total assets in the shape of land, property and 
deposit in the Bank to the extent of Rs. 3,44,600/-. Out of 
the said sum, an amount of Rs. 2,69,246.80 paise for which 
you could not give any cogent explanation for acquisition 
of the properties which were subsequently established as 
F 
disproportionate of asset to your known source of income. 
CHARGE - 2 : On 21.06.2002 you acquired the asset in 
the shape of investment in United Bank of India, Sahanpur 
Branch, Howrah as fixed deposit to the extent of Rs. 
5,00,000/- (Rupees Five Lakhs) only vide A.C. No. 401/ G 
02 in the name of your son, Partha Pratim Chakraborty 
and sister-in-law Smt. Krishna Majumder both dependent 
on you. You could not give any cogent explanation for such 
acquisition which is disproportionate to your known source 
of income. 
H 
78 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2014) 11 S.C.R. 
CHARGE - 3 : On 27.07.1988 while you were attached 
with the Howrah District as S.I .. acquired immovable 
property in the shape of a plot of land measuring 3 Kathas 
vide Dag No. 538, Khatian No. 678, Mouza Sahanpur, 
District Howrah in the name of your wife, Sm!. Sandhya 
Chakraborty and dependent sister-in-law at the cost of Rs. 
33,600/- vide Deed No. 1-4344/88. You constructed a 
house thereon and subsequently disposed of the house by 
selling the same to Smt. Malati Devi Barnwal at the cost 
of Rs. 3 Lakhs vide Sale Deed No. 1957/96. You did not 
obtain prior sanction from your appointing authority before 
purchase of land, construction of house and sale of the 
house which is obligatory on the part of a Public Servant. 
As such, you are charged with gross misconduct. 
CHARGE - 4 : On 24.10.2000 and on 19.06.2003 you 
acquired movable properties in the shape of Motor Cycle 
having registered No. ,WB-124-3924 at the cost of Rs. 
47,0001- and WB-12H-7613 at the cost of Rs. 33,500/- in 
the name of your dependent son Shri Partha Pratim 
Chakraborty. You did not obtain prior permission from your 
appointing authority before purchase which is obligatory 
on the part of a Public Servant. You are thereby charged 
with grave misconduct. 
CHARGE - 5 : You ere charged with misconduct for not 
submitting declaration of assets for the period as they 
stood on and from 01 .01 .90 to 01.01.99 which were 
revealed from the Memo. No. 3219/DEB dated 19.12.96 
of S.P., D.E.B., Howrah and Memo. No. 118/PER/GA-ll/ 
PER/GA-11/45-2000 dated 2
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