Vijay Prasad v. The Lieutenant Governor And Others

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR ] ...

WP.CT/191/2021 Vijay Prasad ... Petitioner Vs.

The Lieutenant Governor and others ... Respondents Mr. Ananda Halder, Advocate ... for the petitioner Mrs. Anjili Nag,Advocate ... for the respondents March 15, 2022 [SR] Item No.5 This is an application under Article 226 of the Constitution of India wherein the petitioner is aggrieved by an order dated October 29, 2021 passed by the Central Administrative Tribunal, Kolkata Bench (Circuit at Port Blair) wherein the Central Administrative Tribunal has held as follows:

"6. Accordingly, we permit the applicant to join the place of transfer/posting at Teressa. As soon as he reaches Teressa and reports, his joining shall be allowed. Once the applicant joins the place of posting, for regularization of the leave period from the date of issuance of the revised transfer till the date of joining, he may prefer a representation. Upon receipt of such representation, appropriate order shall be issued within a period of 4 weeks, in accordance with law." Upon hearing both the parties, we are of the view that petitioner having joined the new post in Teressa should now make a representation before the authorities concerned with regard to his grievance. The said representation should be made within a period of two weeks from date. Upon receipt of

such representation, the authorities concerned is directed to pass a reasoned order after granting an opportunity of hearing to the writ petitioner within a period of eight weeks from date. We make it clear that the order should be a reasoned order.

We make it clear that we have not gone into the merits of the case. The authorities concerned shall be at liberty to pass orders in accordance with law.

In light of above directions, WPCT/191/2021 is disposed of.

( Shekhar B. Saraf, J. ) ( Kesang Doma Bhutia, J. )