Aninda Sundar Banerjee vs The State Of West Bengal & Ors
2023 Latest Caselaw 5943 Cal

S/L 105
05.9.2023
Court No.26
SD
                                    WPA 3349 of 2022

                                   Aninda Sundar Banerjee
                                              Vs.
                                The State of West Bengal & Ors.

              Mr. Soumen Kr. Dutta
              Mr. Sabyasachi Bhattacharjee
                                                         ... for the Petitioner.
              Mr. Rezaul Hossain
                                                              ... for the State.


                     Affidavit-in-opposition filed by the respondent in

Court today be kept with the record.

Counsel appearing on behalf of the petitioner submits

that there is no need to file affidavit-in-reply and waive his

right to do so.

Heard counsel appearing on behalf of the parties.

Mr. Soumen Kr. Dutta, counsel appearing on behalf of

the petitioner, has relied on a judgment of Supreme Court in

Punjab National Bank vs. P.K. Mittal reported in

1989 Supp (2) SCC 175 to buttress his argument that an

employee has the right to withdraw his resignation prior to

resignation coming into effect. He relies on paragraph 8 of

the said judgment for the said purpose.

Counsel appearing on behalf of the respondents is

instructed to provide any judgment from his end on the

returnable date.

Let the matter appear on September 12, 2023.

(Shekhar B. Saraf, J.)