Biswanath Somadder, J. - (1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.
(2.) The instant appeal arises out of a judgment and order dated 11th April, 2019, passed by a learned Single Judge in W. P. 1528 (W) of 2018 (Anjan Fouzdar vs. The State of West Bengal & Ors.). By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition with the following observations/directions: - "... This has exactly happened in the present case. The Board sought for opinion which in the first place was not necessary as the Board was the ultimate authority to take decision in its internal matters. When the opinion was communicated the Board interpreted it to be a direction and thought itself to be completely bound by it without even considering that in matters of internal administration it has to survive or perish on its own decision which is in tune with the cherished concept of the autonomy. The Member Secretary had no occasion to apply his mind once he felt himself bound by direction of the Principal Secretary of the government rendering the order liable to be set aside. For the reasons stated above, the Court considers the order, dated December 12, 2017 to be not sustainable in law and it is set aside. However, the communication, dated December 20, 2017 is not set aside as it is in the nature of an opinion. The Board is directed to restore the petitioner to the promotional post within two weeks. The financial benefit of the post which the petitioner would have enjoyed but for the order impugned should also be restored to him within a period of four weeks."
(3.) The present appeal has been preferred by the West Bengal Pollution Control Board and its Member Secretary.;