Tarak Sahani vs State of West Bengal

The Petitioner is aggrieved by the decision in O.A. No. 642 of 2010, passed by the West Bengal Administrative Tribunal on 6th September, 2012. The Petitioner claimed that he was employed as a casual driver. He contended before the Tribunal that he had been suspended from work without any notice and, therefore, prayed that the Order of suspension should be withdrawn and salary and other allowance should be paid to him.

The Tribunal held that since there is no Order of termination of service, in view of the decision in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, , the Petitioner was not entitled to any relief.

Unfortunately, the Tribunal has proceeded on an erroneous footing that the Petitioner was questioning an Order of termination of his service when, in fact, he was seeking the withdrawal of the suspension Order issued against him. Moreover, the Petitioner had not sought regularization in service. Therefore, the reference to Uma Devi''s case (supra) is really of no consequence.

However, there is no material on record to establish that the Petitioner was employed at any point of time by the State Government. Nor is there any document to show that he was suspended from service. Therefore the entire case put up by the Petitioner appears to be a chimera.

The writ petition is dismissed.

However, there shall be no Order as to costs. Urgent photostat certified copy of this Order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.