High Court held that a non-speaking order accepting resignation without a hearing is unsustainable. Court directed the Board to grant hearing opportunity and pass a reasoned order within eight weeks.
Order dated 4.1.2021 set aside; direction to grant hearing opportunity and pass reasoned order within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
09.04.2021 ss
W.P.A. 3785 of 2021
Santasri Chattopadhyay
Vs.
State of West Bengal & Ors.
Mr. Ekramul Bari
Ms. Tanuja Basak
Ms. Koyeli Bhattacharya
… for the W.B.B.S.E.
Mr. Asish Chowdhury … for the School authorities
2
3
(Shekhar B. Saraf, J.)
3 issues framed by the court
Whether a non-speaking order accepting resignation without giving a hearing is maintainable.
Whether the petitioner merits an opportunity of hearing on the resignation acceptance.
Whether a board order accepting resignation impugned under Article 226 is arbitrary.
1 provisions across 1 enactments
Santasri Chattopadhyay
State of West Bengal
Shekhar B. Saraf
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
