Unfortunate: SC imposes Rs 10 lakh costs on Bengal govt over non-payment of retiral dues
New Delhi: The Supreme Court has directed the West Bengal government to pay Rs 10 lakh costs to a former government employee, who retired in 2007 and even after 18 years was not paid his retiral dues and was only getting a provisional pension.
“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,” said a bench of Justices Vikram Nath and Sandeep Mehta.
The apex court considered the case on merits despite the fact that the West Bengal government filed the special leave petition with a substantial delay of 391 days and there was no satisfactory explanation furnished by the state government.
In 1994, the respondent (employee) was exonerated after the conclusion of the disciplinary enquiry. However, a show cause notice was issued in 1997 proposing punishment disagreeing with the finding of the Enquiry Officer at the instance of the vigilance department but no further action was taken on the said show cause notice.
Thirteen years later, a second show cause notice was issued in June 2010 for the same cause, for which disciplinary proceedings were earlier initiated in 1989 and a show cause notice was issued in 1997.
The respondent approached the Tribunal against the show cause notice, which disposed of the matter directing the employer to take a final decision in the disciplinary proceedings. Aggrieved by the same, the respondent preferred a writ petition before the jurisdictional High Court, which was allowed.
“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 top court said.
Imposing costs of Rs 10 lakh, it directed the West Bengal government to pay all the pending retiral dues within four weeks.
“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 Lakh only), to be paid to the respondent within four weeks from today. Further, all the pending retiral dues be paid within the same time,” it said in its order.