Sridhar Banerjee v. State Of West Bengal And ORS.

21.08.2025 Ct. No. 30 S.L. No.2 SM WPA 17272 of 2025 Sridhar Banerjee

Versus

State of West Bengal & Ors.

Mr. Sujit Banerjee Mr. Nilay Sengupta ......for the petitioner Ms. Sonal Sinha Mr. Sandipan Das Mr. Safik Dewan ......for the State 1.

Affidavit-of-service filed be kept with the record.

2.

The writ application has been preferred praying for a copy of the order dated 03.04.2025 passed in G-27/21 (Gratuity Case) by the Controlling Authority and leave to file statutory appeal from the said order.

3.

It is the case of the petitioner that the petitioner had not received notice for hearing before the Controlling Authority and the Controlling Authority has disposed of the gratuity case ex parte. 4.

It is further stated that the petitioner has made an application on 05.05.2025 before the Controlling Authority praying for a copy of the order in the gratuity case to prefer an appeal, but the same as not been provided till date.

5.

It is seen that in the said application, no case has been made out as to grievance regarding the ex parte hearing.

6.

Considering the said facts, the petitioner is directed to obtain a copy from the Controlling Authority or apply for a certified copy of the order within 3 (three) days from the date of this order and the same be supplied on urgent basis.

7.

Liberty is granted to the petitioner to prefer an appeal within 30 days from the date of this order. The period of limitation is extended accordingly in the interest of justice.

8.

Pending hearing of the appeal, the order of the Controlling Authority and the certificate proceeding being 13/Misc/2025 pending before the Certificate Officer, South 24 Parganas be stayed till disposal of the appeal, which the Appellate Authority shall make an endevour to dispose expeditiously.

9.

Be it noted that in case no appeal is preferred as per leave granted, the order of stay shall stand automatically vacated on expiry of the period as noted above and the Certificate Officer shall be at liberty to proceed with the certificate proceedings in accordance with law.

10.

Writ application stands disposed of.

11.

Applications, if any, connected thereto stand disposed of consequently.

12.

Interim order, if any, stands vacated.

13.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]