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2024 Supreme(SC) 1147

J. K. MAHESHWARI, R. MAHADEVAN
Basudev Dutta – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Raj Kumar Gupta, Adv. Mr. Mayank Agrahari, Adv. Mr. Shekhar Kumar, AOR
For the Respondent(s): Mr. Biswajit Deb, Sr. Adv. Mr. Anando Mukherjee, AOR Mr. Shwetank Singh, Adv.

JUDGMENT :

(R. Mahadevan, J.)

Leave granted.

2. Assailing the final judgment and order dated 16.08.2023 passed by the High Court of Calcutta1[Hereinafter shortly referred to as “the High Court”] in W.P.S.T. No. 106 of 2013, the appellant has come up with this appeal. Vide the said order, the High Court set aside the order dated 28.08.2012 passed by the West Bengal State Administrative Tribunal at Calcutta2[Hereinafter shortly referred to as “the Tribunal”] in O.A.No.331 of 20113[Basudev Dutta v. The State of West Bengal and Others], in which, the order of termination passed against the appellant herein was set aside, however, the authority concerned was granted liberty to proceed against the appellant in accordance with law, following the principles of natural justice.

3. According to the appellant, when he was aged about 16 years, he along with his father by name Hariananda Dutta, came to India from East Pakistan (now Bangladesh) and his father was issued with a Migration Certificate being No.D/65/69 dated 19.05.1969 by the authority concerned. Subsequently, the appellant joined Bangabasi College, Calcutta and passed the Pre-University Examination in Science in May, 1971 under the Un

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