STATE OF WEST BENGAL Vs. DWIJABANDHU SARKAR

JUDGEMENT

(1.) The State of West Bengal and the authorities of the Department of Health and Family Welfare, Government of West Bengal have filed this writ petition assailing the judgment and order dated 8th October, 2013 passed by the West Bengal Administrative Tribunal in O.A. 562 of 2013 whereby the said learned Tribunal allowed the original application filed by the respondent-doctor herein by directing the Principal Secretary to accept the voluntary retirement of the said respondent-doctor if there is no bar under the statutory provisions. Mr. Pranab Kumar Dutta, learned Senior Advocate representing the authorities concerned namely, the petitioners herein submits that the authorities are entitled to refuse the prayer for voluntary retirement of an employee in public interest specially in terms of Note 3 to sub-rule (aaa) of Rule 75 of the West Bengal Service Rules, Part-I. Mr. Dutta further submits that the learned Tribunal while considering the aforesaid prayer of the employee concerned namely, the respondent herein, did not take note of the aforesaid provisions of the West Bengal Service Rules in an appropriate manner. Mr. Dutta also submits that the learned Tribunal should not have decided the matter on the very first day without granting any opportunity to the State respondents to file affidavits in the matter.

(2.) Mr. Dutta relies on a decision of the Hon'ble Supreme Court in the case of People s University v. State of Madhya Pradesh & Anr., 2012 9 SCC 714. Mr. Dutta specifically refers to Head Note 'C' of the said decision and submits that by not allowing time to the State Advocate to seek instructions and file a response prior to deciding the matter violates natural justice.

(3.) Going through the impugned judgment and order passed by the learned Tribunal, we find that the said learned Tribunal granted opportunity of hearing to the learned Advocate representing the State respondents and specifically recorded in the impugned order as hereunder: