This single-paragraph order observes that the petitioner resubmit a prayer for interim relief to the Administrative Tribunal which they claim was overlooked in the impugned judgment.
Permitted the petitioner to renew the prayer for interim relief on June 23, 2023, directing the Tribunal to decide it on merits.
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.
07.06.2023 Item No.4 Ct. No.5 CHC (disposed of)
W.P.S.T. 83 of 2023
Ms. Oindrila Ganguly Vs.
The State of West Bengal & ors.
Mr. Siddhartha Banerjee, Mr. Soumyajit Majumder, Mr. Rajib Mullick,
Ms. Shreyashi Maity
…for the petitioner
Mr. Tapan Kumar Mukherjee, Sr. Advocate Mr. Pinaki Dhole,
Ms. Debdooti Dutta
…for the State
Petitioner is aggrieved by an order dated April 11, 2023 passed by the West Bengal Administrative Tribunal in O.A. 671 of 2022.
Learned advocate appearing for the petitioner submits that, petitioner applied for interim protection before learned Tribunal, which learned Tribunal did not record in the impugned order.
Learned Tribunal proceeded to fix June 23, 2023 under the heading “Reply/Rejoinder and Objection” without alluding to the prayer for interim protection. He submits that the petitioner was dismissed from service. Authorities are taking steps to fill up such post. Therefore, in the event, prayer for interim relief is not considered petitioner would be severely prejudiced.
2
State is represented.
It is averred in the writ petition that the learned advocate for the petitioner applied for interim protection. The impugned order does not allude to any prayer for interim protection being sought.
Be that as it may, given the factual matrix of the present case, interest of justice would be subserved by permitting the petitioner to renew the prayer for interim relief on June 23, 2023. Learned Tribunal is requested to consider and decide the prayer for interim relief on merits without being prejudiced by any of the observations made herein.
W.P.S.T. 83 of 2023 is disposed of
accordingly.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
1 issue framed by the court
Whether the petitioner should be permitted to renew a prayer for interim relief before the Administrative Tribunal that was omitted from the impugned order.
Ms. Oindrila Ganguly
The State of West Bengal
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
