Calcutta High Court
WP.CT/187/2026 of THE CHIEF POST MASTER GENERAL AND ORS Vs NIRMAL KUMAR MONDAL on 10 September 2026
No.1 PG/KS WP.CT 187 of 2026 The Chief Post Master General West Bengal Circle& Ors. Vs. Nirmal Kumar Mondal (deceased) Ms. Debjani Ghosal …… For the Petitioners ORDER (Per Court) 1. We have heard Ms. Debjani Ghosal, learned counsel for the Petitioners/Union of India at length.
10.09.2026
Item No.3
Ct. No.1
PG/KS
WP.CT 187 of 2026
The Chief Post Master General
West Bengal Circle& Ors.
Vs.
Nirmal Kumar Mondal (deceased)
Ms. Debjani Ghosal …… For the Petitioners ORDER (Per Court)
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1. We have heard Ms. Debjani Ghosal, learned counsel for the Petitioners/Union of India at length. With her assistance, we have gone through the petition paper book and the record available.
2. The Petitioners are before us against the contempt proceedings pending before the Tribunal. The petitioner has to remain present before the Tribunal dealing with the contempt proceedings.
3. We do not find that this matter needs to be entertained for the following reasons:
(a) The Original Applicant, Nirmal Kumar Mondal succeeded before the Central Administrative Tribunal, Kolkata Bench in O..A. No. 350/00682/2014, vide a judgment dated 27.03.2015 passed by the learned Division Bench of the Tribunal.
(b) There is no dispute that Nirmal Kumar Mondal was dismissed from service only because of a criminal proceeding, which led to his conviction.
(c) The dismissal was effected on 28.06.1979.
(d) It is undisputed that the conviction of Nirmal Kumar Mondal was set aside by the High Court and he was acquitted in all the 03 cases.
(e) The learned Tribunal therefore, relied on the judgment of the Hon’ble Supreme Court in G.M. Tank vs. State of Gujarat & Anr., (2006) 5 SCC
446.
4. The law in such facts, is crystallised. If the dismissal of an employee is based solely on a conviction and if such conviction is set aside, such employee has to be re-instated in service.
5. Nirmal Kumar Mondal has passed away on 05.01.2025, at the age of 84. Nirmal Kumar Mondal was acquitted in all the three cases, details of which are set out hereinbelow:
(i) Cr.lx. Rev. No. 788 of 1979, vide order dated 28.02.1980.
(ii) Case No. Spl. 16 of 1978, vide order dated 30.08.1999 and
(iii) Case No. Spl. 14 of 1977, vide order dated 30.08.1999.
6. In view of the above, Nirmal Kumar Mondal, who was deemed to be re-instated in service on account of his acquittal, till the date of attaining superannuation, would have been entitled for all monetary service benefits, gratuity, etc. These benefits would now be payable to the widow of Nirmal Kumar Mondal.
7. The learned advocate for the Petitioners submits that she would advice the Petitioners in the light of above.
8. Consider the crystallised position of law, we find no reason to consider this Petition questioning the Contempt proceedings initiated before the Tribunal for the disobedience of the order dated 27.03.2025. If the Petitioner makes a statement before the Tribunal that all such legal dues and service benefits, which would have been normally available to Nirmal Kumar Mondal, had he been alive, till the date of superannuation, the Tribunal may consider such statement and pass appropriate orders.
9. Considering the above, this Petition is dismissed.
10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all formalities. (Tapabrata Chakraborty, J.) (Ravindra V. Ghuge) Chief Justice