Subrata Kumar Majumdar v. West Bengal State Electricity Distribution Company Limited And ORS.

03.03.2020 pg.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 237 of 2019 Subrata Kumar Majumdar -versus The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Ajay Chaudhuri ... For the petitioner Mr. Sudipta Kanta Bhowmik Ms. Dipti Bhowmik ... For WBSEDCL The petitioner complains that he availed a medical leave immediately prior to his retirement. The petitioner had submitted all relevant documents in support of his medical leave. However, after lapse of a considerable period of time when the petitioner had retired, the said medical leave was rejected. As a matter of fact, there was reduction in the retiral benefits.

The respondents say that the documents submitted by the writ petitioner before the concerned authority of the respondents were with overwriting. The authority concerned had rejected the same on such ground. The documents containing such overwriting also forms part of the writ petition.

Be that as it may, the respondent no.3 is directed to give a personal hearing to the writ petitioner within a period of three weeks from the date of communication of the server copy of the instant order.

The petitioner will be entitled to submit fresh documents before the respondent no.3 and the respondent no.3, if necessary, may call for also relevant documents from the petitioner for the purpose of adjudicating the issue of medical leave of the petitioner, being the subject matter of the writ petition. The respondent no.3 shall pass a reasoned order and inform the writ petitioner immediately about his decision. The entire exercise has to be completed within a period of five weeks from the date of communication of a server copy of this order.

The writ petition is disposed of accordingly. There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.

(Arindam Mukherjee, J.)