The State Of West Bengal & Ors vs Sri Harekrishna Sardar & Anr on 11 May, 2009
In
State of West Bengal & Others Vs. Harekrishna Sardar &
Anr. Reported in 2009 (4) CHN (CAL) Page 136 where the
Hon'ble Division bench relying on the Hon'ble Supreme
Court decision reported in AIR 1957 SC 1269 (State of
Orissa Vs. Dr.Miss Binapani Dey) held that even if
undertaking was given but after retirement deduction from
the gratuity amount without giving any opportunity of
hearing to the petitioner when the petitioner was in service
cannot be sustained since it is an administrative order which
causes civil consequences. Accordingly, the Hon'ble Division
Bench affirmed the Trial Court Judgment without any
interference."