ASHOK KUMAR NATH Vs. UNION OF INDIA & OTHERS
LAWS(CAL)-2017-11-69
HIGH COURT OF CALCUTTA
Decided on November 23,2017

Ashok Kumar Nath Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) This case has a chequered history. A tender notice dated 15 July, 2004 was issued by the Office of the Director, Kolkata GPO inviting applications for appointment as Professional Letter Writers (in short "PLW") at the Kolkata GPO for the period 2004-2006. The plaintiff applied along with other persons. The plaintiff tender was accepted as recorded in a Memo dated 11 August, 2004 issued by the Director of Kolkata GPO. The plaintiff started operating as a PLW at the Kolkata GPO.
(2.) By a notice dated 4 March, 2005 the permission issued to the plaintiff to operate as PLW was terminated with immediate effect.
(3.) The plaintiff challenged such termination by filing WP No. 6082 (W) of 2005 in this Court. By a judgment and order dated 6 July, 2007 the order of termination was set aside primarily on the ground of violation of the principles of natural justice. The operative portion of the said judgment and order reads as follows:- "Under these circumstances, the impugned order of termination cannot be sustained and same is set aside, and the Director, Kolkata GPO who had considered the matter earlier is directed to consider the matter afresh, upon giving the petitioner an opportunity of being heard and upon making available to him the copies of the complaints which formed the basis of the proceeding against the petitioner. I am also of the opinion that the allegations against the petitioner are of serious nature and accordingly, till the matter is finally resolved, the petitioner ought not be allowed to work as Profession Letter Writer. The decision by the Director, Kolkata GPO, shall be taken within a period of eight weeks from the date of communication of this order. The petitioner shall be entitled to participate in fresh tender in the mean time but in the event, he is found guilty of any misconduct, then, his offer shall not be accepted and till the Director of Kolkata GPO decides the matter, within the period stipulated above, he shall not be entitled to work as Professional Letter Writer even if selected in the Tender".;


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