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SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
Bikram Panda – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBRATA TALUKDAR, J.
1. The facts of this case are truly chequered. The essential narrative, according to the petitioner, runs as follows:
2. On the 26th of July, 2019, the petitioner was transferred to Panchkelguri RH, Alipurduar-I, in place and stead of Dr. Rahul Sarkar. On the next date, i.e. 27th of July, 2019, the petitioner was released by the then CMOH, Nandigram enabling him to take charge as BMOH, Panchkelguri.
3. On the 1st July, 2019, the petitioner applied before the then CMOH, Alipurduar to allow him to join at Panchkelguri. The CMOH issued an order accepting the joining report of the petitioner. On the next date, i.e. 2nd July, 2019, the said Dr. Rahul Sarkar was directed to make over charge to the petitioner by the then CMOH, Alipurduar. On the 4th of July, 2019, the said Dr. Rahul Sarkar informed of his inability to join at Kharipukuria, Nandigram as posted vice the petitioner. The said Dr. R
The obligation of the state to release the petitioner's salary and the need for complete justice under Article 226 of the Constitution of India.
The court's decision emphasized the limited scope of examination in matters of disciplinary proceedings, where the court plays a secondary role and examines only the decision-making process, procedur....
An employee's salary cannot be withheld without proper departmental proceedings, and irregular appointments can be regularized through continued service and promotions.
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
An employee's unauthorized absence from duty, despite a challenged transfer order, does not entitle them to pay and allowances.
Advocates appeared :For the Appellant : Sankalp Kochar, Siddharth Shrivastava
An employee deemed unsuitable for a job may be dismissed without inquiry, particularly in cases of prolonged unauthorized absence.
The main legal point established in the judgment is the justification of dismissal for grave misconduct, insubordination, and indiscipline due to unauthorized absence from duty for over two years, de....
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