Do vs Bench Id
2023 Latest Caselaw 1836 Cal

20.03.2023                                  WPST 27 of 2023

Court
Item
              : 04
              : 67
                                            Dr. Nilanjan Datta
Matter
Status
              : WPST
              :DO                                   Vs.
Bench Id
Transcriber
              : 266048
              : NANDY                 The State of West Bengal & Ors.

                         Mr. Surajit Samanta, Advocate
                         Mr. Biswajit Samanta, Advocate
                                                              ......for the Petitioner

                               The order impugned in the instant writ-petition
                         appears to be innocuous as a further date for hearing
                         has been fixed by the Tribunal. The order dated
                         February 2, 2023 would reveal that the Counsel
                         appearing for the respective parties, consented the
                         matter to be taken up by the Single Bench with the fond
                         belief that the matter would be disposed of at an
                         earliest.

                               It is submitted by Mr. Samanta, learned Advocate
                         for the petitioner, that the issue involved in the tribunal
                         application is covered by the judgment of this Court
                         and, therefore, it is an undue hardship created upon the
                         litigant who would still travel on the periphery of the
                         Tribunal. There was no necessity for fixing such a long
                         date since the issue involved can be decided on the
                         parameter of law only.

                               Despite service, there is no representation on
                         behalf of the respondents. The affidavit of service filed

in Court today be kept with the record.

Our attention is drawn to the issues involved therein pertaining to the resignation tendered by the petitioner and rejection thereof citing Rule 34A of the WBSR Part-I. More than five years have elapsed by this

time and we feel that this matter could have been decided by the Tribunal at an earliest.

We, therefore, request the learned Member of the Tribunal to pre-pone the date already fixed for further hearing if request is made by either of the parties to the proceeding and endeavour shall be made to dispose of the proceeding within three weeks from the date of communication of this order.

With these observations, the writ-petition being WPST 27 of 2023 is disposed of. No order as to costs.

(Harish Tandon, J.)

(Prasenjit Biswas, J.)