Dr. Enamul Hoque Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

Dr. Enamul Hoque Vs the State of West Bengal and Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to submit the representation for voluntary retirement on medical grounds within three weeks from date; upon receipt, respondent no. 2 to take a decision in accordance with law after affording the petitioner an opportunity of hearing, within six weeks from receipt; no order as to costs.

Issue for consideration

Whether a definite time-frame should be fixed for the petitioner's submission of a fresh representation for voluntary retirement on medical ground and for its consideration/disposal, the Tribunal's order dated 6th May, 2024 having set none.

Court's answer

The writ petition is disposed of; the petitioner is granted liberty to submit the representation, as directed by the learned Tribunal, within three weeks from date.

Ratio / Principle

Upon receipt of such representation, respondent no. 2 shall take a decision on it in accordance with law after affording the petitioner an opportunity of hearing, within six weeks from the date of receipt of the representation.

Key takeaways

No order as to costs.obiter¶18

Detailed headnote1 paragraphs

Dr. Enamul Hoque, a doctor at Jangipur Sub-divisional Hospital, Murshidabad, instituted WP.ST 120 of 2024 (decided 16.07.2024) to assail the order dated 6th May, 2024 passed in O. A. No. 346 of 2023 by the learned Tribunal, which granted him liberty to present a fresh representation requesting voluntary retirement on medical ground, inclusive of his willingness to be medically examined by a medical board, but set no time frame for consideration of the application. Counsel for the State indicated that a submitted representation would be considered and disposed of in accordance with law. The writ petition was disposed of with directions: the petitioner to submit the representation within three weeks from date, and respondent no. 2, upon receipt, to take a decision in accordance with law after affording the petitioner an opportunity of hearing within six weeks from receipt. No order as to costs.

06 16.07.2024 Ct. No. 11 Jayanta

WP.ST 120 of 2024

Dr. Enamul Hoque Vs The State of West Bengal & Ors.

Mr. Benazir Shaikh

Mr. Ibrahim Shaikh

…..For the petitioner. Mr. Tapan Kumar Mukherjee, Ld. AGP Mr. Somnath Naskar Mr. Alok Banerjee

…..For the State/Respondents.

Affidavit-of-service filed by the petitioner be kept on record.

This instant writ petition has been instituted to assail the order dated 6^th May, 2024 passed in O. A. No. 346 of 2023.

By the order dated 6^th May, 2024, the petitioner, who is currently a doctor at Jangipur Sub-divisional Hospital, Murshidabad, was granted liberty to present a fresh representation requesting voluntary retirement on Medical ground, inclusive of his willingness to be medically examined by a medical board.

Mr. Shaikh, learned advocate representing the petitioner, submits that the petitioner is aggrieved by the order dated 6^th May, 2024 as it does not set a time frame for consideration of the petitioner’s application for voluntary retirement, which would be submitted as per the liberty granted by the learned Tribunal.

2

Mr. Mukherjee, learned Additional Government Pleader representing the State, submits that if the representation is submitted, the same will be considered and disposed of in accordance with law.

Heard the learned advocates and perused the materials on record.

Having regard to the submissions made by the respective parties, the writ petition is disposed of by granting liberty to the petitioner to submit a representation, as directed by the learned Tribunal within three weeks from date.

Needless to observe, upon receipt of such representation, the respondent no. 2 shall take a decision on the same in accordance with law after affording an opportunity of hearing to the petitioner, within six weeks from the date of receipt of such representation.

With the above observations and directions, the present writ petition is disposed of.

There shall, however, be no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible.

(Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty,J.)