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No.22 Of 2016. (State vs Ashish Mahato & Ors.) Under … on 1 February, 2018

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01-02-2018
12/Sh

W.P. 7705 (W) OF 2017

In Re: Lakshmi Narayan Mahato. .. Petitioner.

Mr. A. Mitra,
Mr. S. Kundu.
. . .For the Petitioner.
Mr. B. P. Vaisya,
Mr. Niloy Baran Mondal.
. . .For the Council.

The petitioner has filed the present writ petition for a direction upon the respondent

authorities, particularly the respondent no.6, District Inspector of School (PE), Purulia to
release the arrear salary for the month of April, 2013 to May 19, 2013, for which period the
petitioner was placed under suspension for detention in custody and to pay arrear suspension
allowance for the period of May 20, 2013 till the date of retirement, that is, 31st October,
2013.

Mr. Mitra, learned advocate appearing for the petitioner submits that the petitioner was
detained under custody in connection with a criminal case and ultimately, the petitioner was
acquitted from the criminal case being Sessions Case No.230 of 2015(1200/15) Sessions Trial
No.22 of 2016. (State Vs. Ashish Mahato Ors.) under Section 498A, 302/34 of the IPC, by
the judgment and order dated 11th November, 2016. The ordering portion of the said
judgment and order is quoted hereunder;

” that the accused persons, namely, Ashish Mahato, Smt. Chandana Mahato,
Dhonibala Mahato, Bandana Mahato and Laxmi Narayan Mahato are found not guilty
of the charge punishable U/s 498A, 302/34 IPC, in alternative, U/s. 304B/34 and
consequently, the are acquitted from the case U/s.235(1) of the Cr. P.C.”

Mr. Mitra, further submits that during suspension period the petitioner retired from
service, that is, on 31st October, 2013 but after acquittal from the criminal case on 11th
November, 2016, the petitioner made representation before the District Inspector of Schools
(PE), Purulia for disbursement of one month’s arrear salary for the month from April, 2013 to
19th May, 2013 and the arrear suspension allowance for the period from 20th May, 2013 till the
retirement, that is, 31st October, 2013.

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Mr. Mitra further submits that after retirement the petitioner has been getting his
regular pension after the delivery of the judgment and order by the learned Session Judge on
11th November, 2016.

Unfortunately, since no step has been taken by the respondent authorities to disburse
the amount, hence the present writ petition.

Considering the submission advanced by the learned advocates appearing for the
parties and perusing the materials on record I direct the respondent no.6, District Inspector of
Schools (PE), Purulia to take a decision in respect of the petitiioner’s representation dated 3rd
January, 2017 within four weeks from the date of communication of this order after giving an
opportunity of hearing to the petitioner or his authaorized representative and after going
through the judgment and order passed by the learned Additioinal Sessions Judge, First Court,
Purulia on 11th November, 2016 in Sessions Case No.230 of 2015(1200/15) Sessions Trial
No.22 of 2016. (State Vs. Ashish Mahato Ors.), and thereafter communicate the decision to
the petitioner within one week.

Needless to mention that if it is found that the petitioner is eligible to the get the
benefit as prayed for in the said representation dated 3rd January, 2017 then the Chairman is
directed to take further steps for disbursement of the same in favour of the petitioner.

With these directions this writ petition is disposed of without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the learned
advocates appearing the parties expeditiously on compliance of all requisite formalities.

(SAMAPTI CHATTERJEE,J.)
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