LAWS(GAU)-2019-2-128

UNION OF INDIA Vs. ARUP JYOTI KARMAKAR

Decided On February 15, 2019
UNION OF INDIA Appellant
V/S
Arup Jyoti Karmakar Respondents

JUDGEMENT

(1.) Heard Mr. S. C. Keyal, learned Assistant Solicitor General of India for the appellants. Also heard Mr. U. K. Nair, learned senior counsel assisted by Ms. P. Bhattacharya, learned counsel for the respondent.

(2.) In this intra-Court appeal, the appellants are before this Court assailing the order dated 30.08.2017 passed in WP(C) 1773/2017. Through the said order, the learned Single Judge had directed the appellants herein to accept the resignation of the respondent and release him from the services. Insofar as the bond amount liable to be paid by the respondent to the extent of Rs.28,79,460.00, the learned Single Judge had directed the appellants to adjust the said amount from out of the service/terminal benefits payable to the respondent. It is in that light, the appellants claiming to be aggrieved by the same, are before this Court in this appeal.

(3.) The contention on behalf of the appellants is that the direction as issued by the learned Single Judge to adjust the amount payable by the respondent, from out of the service/terminal benefits payable to the respondent, even before the resignation becoming effective would not be justified.