AIR 2009 SUPREME COURT 2925 ::2009 AIR SCW 4666 ::2009 LAB. I. C. 3173 ::2009 (2) CurLR 519 ::(2009) 122 FacLR 462 ::2009 (7) SCC 305 ::(2009) 7 Scale 139 ::(2009) 3 CalLT 70 ::2009 (3) Cal HN 171 ::(2009) 2 Cal LJ 246 ::2009 (4) ESC 545 ::2009 (3) LabLN 8 ::(2009) 3 JCR 82 (SC) ::2009 (4) SCT 309 ::(2010) 1 ServLR 174

Supreme Court Of India

(From : Calcutta)

Hon'ble Judge(s): Tarun Chatterjee, H. L. Dattu , JJ

(A) Constitution of India , Art.309— West Bengal Services (Death-cum-Retirement Benefits) Rules (1971) , R.10(1)— Departmental enquiry - Initiated prior to retirement of Govt. servant - Could not be completed before Govt. servant retired from service on attaining age of superannuation - Even thereafter Govt. can proceed with departmental enquiry proceedings for imposing only punishment contemplated under Rules. W.P.S.T. No. 1010 of 2003, D/-13-06-2005 (Cal), Reversed. (Para 16 19) (B) Constitution of India , Art.309, Art.311— West Bengal Services (Death-cum-Retirement Benefits) Rules (1971) , R.10(1)— Disciplinary proceedings - Delay in concluding - Not fatal to proceedings. The delay in concluding the domestic enquiry proceedings is not fatal to the proceedings. It depends on the facts and circumstances of each case. The un-explained protracted delay on the part of the employer may be one of the circumstances in not permitting the employer to continue with the disciplinary enquiry proceedings. At the same time, if the delay is explained satisfactorily then the proceedings should be permitted to continue.(Para 17) In the instant case since government employee had left the headquarter....