TARAK SAHANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner is aggrieved by the decision in O.A. No. 642 of 2010, passed by the West Bengal Administrative Tribunal on 6th September, 2012. The Petitioner claimed that he was employed as a casual driver. He contended before the Tribunal that he had been suspended from work without any notice and, therefore, prayed that the Order of suspension should be withdrawn and salary and other allowance should be paid to him.

(2.) The Tribunal held that since there is no Order of termination of service, in view of the decision in the case of Secretary, State of Karnataka vs. Umadevi, 2006 AIR(SC) 1806, the Petitioner was not entitled to any relief.

(3.) Unfortunately, the Tribunal has proceeded on an erroneous footing that the Petitioner was questioning an Order of termination of his service when, in fact, he was seeking the withdrawal of the suspension Order issued against him. Moreover, the Petitioner had not sought regularization in service. Therefore, the reference to Uma Devi's case is really of no consequence.