W.P. 1748 (W) of 2018
The State of West Bengal Ors.
Mr. Debabrata Acharyya
Mr. Prabir Adhya
….For the Petitioner.
Mr. Debabrata Chatterjee
Mr. Arjun Samanta
…For the State.
The petitioner complains of an order dated December 7, 2007
passed by the Siliguri Municipal Corporation.
Learned Advocate for the petitioner submits that, the
petitioner was subjected to a proceeding under Section 498A of the
IPC. The petitioner was acquitted in such proceeding. During the
pendency of the criminal proceeding, the corporation had suspended
him from December 7, 2007. Upon the acquittal of the petitioner in
the criminal proceeding, and since the municipal corporation did not
initiate any disciplinary proceeding against the petitioner, it was
incumbent upon the municipal corporation to grant the petitioner
arrears of pay for the period from the date of suspension being
December 7, 2007 till the date to his reinstatement apart from other
service benefits that the petitioner may have enjoyed had he not been
in suspension during such period.
The State is represented.
There is substance in the contentions of the petitioner.
Apparently, the petitioner was suspended by the municipal
corporation subsequent to initiation of proceeding under Section
498A of the IPC. The petitioner was placed under suspension since
December 7, 2007. He was acquitted by an order dated December 31,
2016. The corporation had considered the reinstatement of the
petitioner by the impugned order dated October 12, 2017 and had
allowed him to resume his duties. He was, however, allowed arrear
pay and allowances from December 31, 2016 by the impugned order.
In my view, the municipal corporation ought to have taken
into consideration the fact that, the petitioner stood acquitted in the
criminal proceeding. There was no disciplinary proceeding against
the petitioner. Therefore, the petitioner became entitled to the entire
service benefits including pay for the period from December 7, 2007
till the date of his reinstatement. The impugned order to the extent
that, it disallows the petitioner such service benefits is quashed.
In such circumstances, Siliguri Municipal Corporation will pay
the petitioner the arrears of salaries for the period from December 7,
2007 till the date of his reinstatement. The Municipal Corporation
will also provide all service benefits that, may have accrued to the
petitioner for the period from December 7, 2007 in accordance with
W.P. 1748 (W) of 2018 is disposed of without any order as to
Urgent certified website copy of this order, if applied for, be
made available to the parties upon compliance of the formalities.
(Debangsu Basak, J.)