Supreme Court of India
State of West Bengal & Ors. v. Dr. Tonmoy Mondal
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What the Court ordered
In view of the aforesaid discussion, we are of the considered opinion that in the previous judgment and order passed by the Division Bench on 22.08.2014 had taken a correct view on merits and was illegally interfered with while exceeding the jurisdiction by the subsequent Division Bench while reviewing it and dismissing the Writ Petition being WPST No.208 of 2014 by the impugned judgment and order dated 20.01.2017.
Judgment, page 11
From the headnote
West Bengal Service Rules, 1971: Rule 75 – Interpretation of – Voluntary retirement s ought – Declined on the ground that it was not appropriate in the public interest – Order declining voluntary retirement qua shed by State Administrative Tribunal – In writ petition High Court upheld the order whereby prayer for voluntary retirement was declined – Review petition was allowed restoring order of the Tr ibunal – On appeal, held: Merely on entertaining a different vi ew on interpretation of rule 75, it was not open to Division Be nch of High Court to review previous judgment and order passed by
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