Supreme Court Imposes ₹10 Lakh Cost On West Bengal Govt For Filing Delayed & Baseless Petition Against Employee's Retiral Dues

The Supreme Court recently imposed  ₹10 Lakh cost on the State of West Bengal for filing a delayed and baseless petition against an employee's rightful retiral dues, which had remained unpaid for 18 years. The cost was directed to be paid to the retired employee(respondent in the case).

A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case involving a retired employee who had not received his retiral dues since his retirement in 2007. The Appellant-State of West Bengal had filed a petition challenging the Calcutta High Court's decision, which had quashed the disciplinary proceedings against the respondent and directed the state to release his long-pending retiral dues.

The respondent's ordeal began in 1989 when disciplinary proceedings were initiated against him. He was exonerated in 1994. However, in 1997, a show cause notice proposing punishment was issued. The respondent replied, but no further action was taken. Then, thirteen years later, in 2010—three years after his retirement in 2007—the state issued a second show cause notice for the same alleged misconduct.

Challenging this notice, the respondent took the matter to the Calcutta High Court, which ultimately ruled in his favor by quashing the disciplinary proceedings and directing the State to release his retiral dues. The State then appealed this decision to the Supreme Court with a substantial delay of 391 days.

At the outset, the Court expressed dismay over the State's action to revive the disciplinary proceedings years after an employee's retirement, especially on the same grounds as previously concluded inquiries.

“Taking note of the facts, as recorded above, it is unfortunate that the person, who was retired in 2007 even after 18 years has still not been paid his retiral dues and is only getting provisional pension.”, the court observed.

“In the above facts of the case, 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 Rs.10,00,000/- (Rupees Ten Lakhs only), to be paid to the respondent within four weeks from today. Further all the pending retiral dues be paid within the same time.”, the court added.

Accordingly, the appeal was dismissed.

Case Title: THE STATE OF WEST BENGAL & ORS. VERSUS MD. KAMALUDDIN ANSARI & ORS.

Click here to read/download the order