LexTHE SECRETARY, FOREST DEPARTMENT & ORS. versus ABDUL RASUL CHOWDHURY
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( [2009] 9 S.C.R. 695 A "" ii THE SECRETARY, FOREST DEPARTMENT & ORS. A ~ ~ v. ABDUL RASUL CHOWDHURY (Civil Appeal No. 341 O of 2009) MAY 8, 2009 B [TARUN CHATIERJEE AND H.L. DATIU, JJ.] i ---4 Service Law: West Bengal Services (Death-CUM-Retirement Benefit) c Rules, 1971: ', r. 10 (1) - Departmental enquiry - Initiated against delinquent for gross financial irregularities - Continuation of enquiry proceedings after retirement of employee - Held: D ~· Departmental enquiry ha· ·ing been initiated during the service period, employer can proceed with the same even after superannuation of employee - Delay in concluding departmental proceedings, if explained satisfactorily, is not fatal to the proceedings - On facts, since the employee had E left the Head Quarters without permission, the proceedings could not be completed - Disciplinary authority directed to 1'- complete the domestic enquiry expeditiously - Delay. 1 State of West Bengal vs. Haresh C. Banerjee and Others, (2006) 7 sec 651, relied on. F Case Law Reference: (2006) 1 sec 651 relied on Para 11 "' CIVIL APPELLATE JURISDICTION : Civil Appeal No. G - 341 O of 2009. From the Judgment & Order dated 13.06.2005 of the High Court at Calcutta in W.P.S.T. No. 1010 of 2003. 695 H 696 SUPREME COURT REPORTS [2009] 9 S.C.R. ~ 'i Cm A Tara Chandra Sharma for the Appellants. .. 1r' D.N. Ray and Sunita Ray for the Respondents. The Order of the Court was delivered by B ORDER H.l. DATTU, J. 1. Leave granted. ~ 2. Challenging the judgment and order passed by the High J c Court in W.P.S.T. No. 1010 of 2003 dated 13.6.2005, the Secretary., Forest Department and others, have filed this appeal. 3. The facts in nutshell are, the respondent while he was working in wild life Division - 11 ·at Jalpaiguri was served with a D memo dated 10.3.1987, inter alia directing him to show cause, why disciplinary action should n'lt be taken against him by the -?' Divisional Forest Officer for gross financial irregularities in respect of measurement taken and payment made thereof for some of the works undertaken by him as Care Taker, Tourist E Lodge, Jaldapara, as detected during the course of checking by the Divisional Forest Officers, Wild Life Division - II. Since L the explanation offered by the respondent was not satisfactory, . he was kept under suspension, pending departmental enquiry 'r •-I proceedings by the Divisional Forest Officer, Cooch Bihar >- F Division vide his order dated 13.8.1987. Thereafter, a charge memo dated 13.8.1987 was served on the respondent by the disciplinary authority. The Articles of charges against respondent were two, namely:- (i) The respondent while functioning as Care Taker, G Tourist Lodge, Jaldapara under Cooch Bihar .r- Division from October 1985 to January 1987, ..... deliberately neglected his duty in execution of works entrusted on him as care taker of the said Tourist Lodge and made excess payments against H inflated measurements to the contractors for ,. SECRETARY, FOREST DEPT. ORS. v. ABDUR 697 \ RASUL CHOWDHURY [H.L. DATIU, J.] ..., malafide personal gain, causing financial loss to the A government to the tune of Rs.1,25,293.34 paisa. (ii) While functioning as care taker of the tourist lodge, Jaldapara, the respondent intentionally falsified government documents and tempered with the B same with ulterior motive of personal gain. 4 After initiation of departmental proceedings nothing J- seems to have been.done by the disciplinary authority. 5. The respondent retired from service on 31st day of c March, 1995, on attaining the age of superannuation. -- 6. As the authorities neither completed the departmental enquiry proceedings, nor released the retirement benefits to the respondent, he was constrained to ·file original application D before the West Bengal Administrative Tribunal in O.A. No. ~ 5963 of 1999, inter alia, requesting the tribunal to direct the respondents therein to pass an order dropping the disciplinary proceedings, in view of inordinate delay in completing the disciplinary enquiry proceedings though it was initiated by E issuing the charge memo dated 13.8.1987; to revoke the order of suspension dated 13.8.1987; to direct the respondents to pass an order declaring that the entire service period of the '1· applicant from 13.8.1987 to 31.3.1995 as the period spent on .... 1 duty and the applicant is entitled to
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