The Supreme Court has imposed a fine of ₹10 lakh on the Bengal government for denying retirement benefits to an employee since 2007 on disciplinary grounds.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the “frivolous” plea filed by the state government against an order of Calcutta High Court that had directed the release of the dues to petitioner Mohd Kamaluddin Ansari.
“We dismiss these petitions filed by the state of West Bengal on the ground of delay as well as on merits and also impose costs of ₹10 lakh, to be paid to the respondent within four weeks from today,” the bench said.
The bench observed that it considered the case on merits despite the plea being filed after a “substantial delay of 391 days” and no satisfactory explanation provided by the state.
“Upon perusal, we find that this is a completely frivolous and vexatious petition filed by the state of West Bengal challenging the order of the high court, which had allowed the petition filed by the respondent and had quashed the disciplinary proceedings and further directed for release of all the dues to the respondent, who had since retired,” the bench said.
Records show that a disciplinary inquiry was conducted against Ansari but he was exonerated in 1994. A showcause notice, however, was issued in 1997 proposing punishment against him, disagreeing with the finding of the inquiry officer at the instance of the vigilance department. Ansari tendered his reply to the showcause notice in 1997 and no further action was taken.
“However, 13 years later, after the retirement of the respondent in 2007, and three years thereafter in 2010, a second showcause notice was issued on June 22, 2010, for the same cause for which disciplinary proceedings were earlier initiated in 1989 and showcause notice was issued in 1997,” the bench said.
Ansari had subsequently approached the State Administrative Tribunal against the showcause notice. The tribunal directed the employer to take a final decision on the disciplinary proceedings and disposed of the matter.
Aggrieved, Ansari moved the writ petition in Calcutta High Court.
The apex court, while explaining the meandering way in which the case had traversed for nearly two decades, said: “It is unfortunate that the person, who retired in 2007, even after 18 years has still not been paid his retiral dues and is only getting provisional pension. We dismiss these petitions filed by the Bengal government on the ground of delay as well as on merits and also impose costs of ₹10,00,000 to be paid to the respondent within four weeks from today. Further, all the pending retiral dues be paid within the same time.”