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HARISH TANDON, PRASENJIT BISWAS
Biswajit Das – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
1. The scope of the original tribunal application was limited to the extent that the representation made by the writ petitioner to the Deputy Director of School (Administration), which has been forwarded to the Director of Public Instruction, West Bengal, has not been attended nor any decision has been taken thereupon.
2. The prelude of the said dispute originated on an order of transfer inflicted upon the writ petitioner and the representations have been made to consider the aforesaid decision sympathetically, as the writ petitioner is suffering from various diseases and requires constant medical attention. Obviously on the basis of the aforesaid grievance the tribunal application was disposed of on 10th March, 2021 directing the Director of Public Instruction, West Bengal, to consider the said representation and pass a reasoned order within a specified time.
3. Though it is not necessary in the instant case but we must record that the time limit set-forth in the impugned order, in our opinion, was not appropriate; more particularly when the subject matter of dispute relates to an order of transfer. Fixing fifteen weeks time to pass a reasoned order is too exorbitant and may
A reasoned order passed by an authority in compliance with a tribunal or court order, giving rise to a fresh cause of action, cannot be challenged on merit by taking out an application in the writ pe....
The Tribunal must adjudicate appeals on their merits and cannot defer decisions by directing parties to file representations.
The petitioner seeking a remedy under new guidelines in a separate case before the Tribunal rendered the petition challenging the earlier order of the Tribunal infructuous.
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