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Central Administrative Tribunal - Kolkata

Soma Banerjee vs Intelligence Bureau on 21 January, 2019

                                                        1 O.A. 350.55.2019
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                                        CENTRAL ADMINISTRATIVE TRIBUNAL
                                           KOLKATA BENCH, KOLKATA

            No. O.A. 350/00055/2019                                          Date of order: 21.1.2019

            Present                    Hon'ble Ms. Bidisha Banerjee, Judicial Member
                                       Hon'ble Dr. Nandita Chatterjee, Administrative Member


                                       Smt. Soma Banerjee,
                                       Wife of Mr. Amitava Banerjee,
                                       36/11, B. 2nd Floor,
                                       C.N. Roy Road,
                                       Post Office and Police^Station - Tiijala,
                                       Kolkata                     11 7*
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                                    */ Jj? GVernment of India,
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                          %         X        SUdar Patel Marg,
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                                              The&AddiltionSfifr?ectbr!
                                         ^'^Subsigiany.lntelMgence^Bufiau,
                                            Miftist^of Hon^ Affairs^^^*#^
                                            Governmelfbf-IRdi^r^' "
                                            9/1, Gariahat Road,
                                               Kolkata-700 019.


                                                                              .. Respondents


            For the Applicant                          Mr. B. Bhushan, Counsel


            For the Respondents                        Mr. A.K. Chattopadhyay, Counsel

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                                         2 O.A. 350.55.2019


                                        ORDER (Oral)

Per Dr. Nandita Chatteriee, Administrative Member:

The instant Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
"(a) To quash the impugned speaking order dated 4.1.2019 passed by the respondent No. 3;
(b) To temporarily suspend the order of transfer dated 24.3.2017 not to give effect in the matter of the applicant as she has decided to avail voluntary retirement;

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(c) To recaH,.the relievmg.drd^s^that the applicant may get the salary and also to.treatthp^pl%aht%s^nwcui^^r^oMhebffjce of Respondent No. 3 till the a&XMtbjm&df voluntary retiremem;f

(d) /The*Regpondent b^f^SteS^&jetion the le$5^ (1 S&fyays of Child Care LeavfiTprayed fjffiiaielL l^loJkdWS^Jhe applica^^no^allow the applicant to avail aj§mdttof%aie Suefto jmteccount IwcLwhl&h she is ^titled^5 at herW | ^* \ i(e) 'ksThe ResMi^^^^^^Mmm^e^Jhism.monthst,i^ice^heriod | foffy&funtary ReiiremmPff^^^l^mt0i^gor aftM\availing 'jpeselfmf the | du&*leave; | i -hfom l (Q'&frAny othertor fudh^r olwr^pph^ns efsdo YMr Lordship&way aeem l'fitah^proper." ^ $f$ ^ ^ "

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2. Heard both Id. CounMfeaEltl e; nea, docum ts on record. The matter is taken up at the adm^i^«tllge.
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.3. According to^e Ld. Counsel for the applicarft^ the4 nelie'f^ougljf for at (d) \ * - -
and (e) of thl^said\u;iginal |!feplicatiog are conseqife^t to the^frans^ order dated 24.3.2017 and speaking order dated 4.1 "%s Ld. Counsel for tlte^applicant, however, ..submits that the applicant be permitted to withdraw the instant O.A. with liberty to prefer a comprehensive prayer for Voluntary Retirement which may be considered by the respondent authorities within a specified time frame.
Accordingly, the applicant is permitted to withdraw the instant Original Application and to prefer a comprehensive representation praying for voluntary retirement addressing the same to the competent respondent authority within a period of one week from the date of receipt of a copy of this order.
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%;                                           3 O.A. 350.55.2019
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4. Once such representation on voluntary retirement is received from the applicant, the corrtpetent respondent authority shall take a decision on the same as per law and convey his/her decision in a form of a reasoned and speaking order to the applicant within a period of 2 weeks' thereafter.
Till such time that the representation of the applicant for voluntary retirement is disposed of, the orders dated 11.1.2019 relieving the applicant from her duties w.e.f. 12.1.2019/FN would remain in abeyance. The respondent authorities shall also, while disposing of the applicant's prayer for voluntary retirement, pass appropriate ori^fje ^ ^ gterr^gqum.
With the^abo^^T^twn, the O.A. is disposed^^^withdravy/'.
5. (Dr. Nanditer& Admipist^jj^p Memb^ *9.
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