STATE Vs. SAMAR KUMAR CHOWDHARY

JUDGEMENT

(1.) This writ application is at the instance of the State of West Bengal and the Director of Personnel Ex-Officio Chief Engineer, Irrigation & Waterways Directorate, Government of West Bengal, in respect of the order dated 23rd November, 2000 passed by the West Bengal Administrative Tribunal on 23rd November, 2000 in O. A. No. 339 of 2000.

(2.) The aforesaid original application had been filed by Sri Samar Kumar Chowdhury questioning the authority of the State and its authorities in continuing with the vigilance enquiry against him despite the fact that he had applied for voluntary retirement on 13th November, 1998, giving three clear months notice of his intention to do so. It also appears that while the applicant before the learned Tribunal was to retire on 28th February, 1999, he sent a reminder on 10th February, 1999, regarding his decision to retire voluntarily from service.

(3.) The learned Tribunal by its judgment and order dated 25th August, 2000 was of the view that after the expiry of three months notice the applicant had retired voluntarily as per the rules and that he deserved to be get his retiral benefits but that the vigilance case was pending against him.