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HARISH TANDON, PRASENJIT BISWAS
Shiv Sekhar Chatterjee – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. Despite service there is no representation on behalf of the State. Let the affidavit of service filed in court today be kept with the record.
2. The only issue involved here is whether the State as the employer can sit over an employee’s resignation letter and not issue release order despite no disciplinary proceedings having been instituted against such employee or when he does not claim any benefit for his past service.
3. This petitioner joined the services of the West Bengal Medical Education Services (WBMES) as Assistant Professor in the Department of Microbiology at N.R.S. Medical College, Kolkata. This applicant applied for the post of Additional Professor in the Department of Microbiology at the All India Institute of Medical Sciences (AIIMS), Kalyani after obtaining ‘No Objection’ Certificate dated 09.09.2022 issued by the Special Secretary to the Government of West Bengal, Health and Family Welfare Department permitting this petitioner to sit for the interview. The petitioner was selected for the post of Additional Professor in the Department of Microbiology and an appointment letter was offered to him with instruction to join the post af
An employee cannot be forced to serve if not willing, unless there are stipulations in the rules or terms of appointment or pending disciplinary proceedings.
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.
The main legal point established is that the lifting of an embargo on resignation should be considered in the context of the timing of the resignation and the relevant provisions prevalent at the tim....
An employee's resignation cannot be rejected based on staff shortages if no bond to serve was signed, affirming the right to career progression.
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
Court affirmed the resignation of the public servant, emphasizing absence of departmental proceedings.
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