10 14.08. 2026 Ct. No. 18 Ab WPA 18414 of 2026 Tapas Kumar Sarkar Vs. The State of West Bengal and others. --------------- Mr. Biswarup Nandy, Mr. Saurav Bhattacharjee. … for the petitioner. Mr. Pulakesh Bajpayee, Mr. Subit Majumdar.. … for the State. 1. The petitioner is aggrieved that the disciplinary proceedings initiated against him sometime in 2013 have not yet been concluded. The petitioner has retired in the meantime and is drawing provisional pension. The petitioner has not been paid his entitlements by way of Gratuity, Group Insurance cum Savings Scheme (GISS) and Leave Salary. 2. The allegations, as seen from the Article of Charge, are of insubordination, misconduct and misbehavior. The allegations are not of financial embezzlement or moral turpitude. 3. There is absolutely no reason as to why the proceedings have been kept pending from 2013 till now against the petitioner. 4. The petitioner has challenged the disciplinary proceedings in this Court on the ground that the authorities have changed the Enquiry Officer, on every occasion that the enquiry report absolved the petitioner of the charges of misconduct and 2 insubordination. 5. Mr. Bajpayee, learned Advocate appearing for the State, has submitted that this may not be incorrect as the enquiry had to be reinitiated as the Enquiry Officer at the material time was not available either due to transfer or retirement or some other reasons. 6. I have heard the learned Advocates appearing for the parties. 7. The timelines are unpardonable. For 13 years the petitioner has been kept in waiting simply because the disciplinary proceedings had been initiated against him. The proceedings would not be concluded for some flimsy reason or the other. 8. However, it would not be appropriate to set aside or keep in abeyance the proceedings for any further period. This Court is not empowered to do the same. 9. I direct the authorities to conclude the disciplinary proceedings by November 15, 2026. 10. In the meantime, the GISS and Leave Salary benefits will be disbursed to the petitioner by August 31, 2026. There is no provision in the Death-cum- Retirement Rules, 1971, which empowers the authorities to hold GISS and Leave Salary even if the disciplinary proceedings have been initiated and are pending.. 11. If, the petitioner is found to be guilty of the charges leveled against him and if there is a punishment 3 inflicted on the petitioner, which relates to a payment of money in any form, the same will be appropriated from the Gratuity amount, which is payable to the petitioner but has been retained by the authorities. The balance sum of the Gratuity and arrears of pension will be paid to the petitioner accordingly. 12. The petitioner will, however, be at liberty to claim interest before the appropriate Forum. 13. With the afore-stated directions, the writ petition is disposed of. 14. There shall, however, be no order as to costs. 15. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Reetobroto Kumar Mitra, J.)