The Calcutta High Court, while directing the state to accept the resignation of a doctor who resigned on the sole ground that he intends to contest in the forthcoming Parliamentary Elections this year observed that when any person seeks to contest an election to the post of a public representative, he is deemed as a person seeking to represent the public at large and there is, therefore, deemed public interest in a person seeking to contest in an election and to be a representative of the people.
Brief Facts:
The petitioner, serving as a doctor with the Jhargram Government Medical College and Hospital, Vidyasagar Pally, Jhargram had tendered his resignation on 19th March 2024 from Government Service on the sole ground that he intends to contest in the forthcoming Parliamentary Elections this year. He filed the present petition praying for a writ of mandamus seeking direction upon respondents to accept his resignation.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the petitioner is extremely anxious to receive a response from the Government and has therefore, approached this Court the anxiety of the petitioner is that he would not get enough time to campaign for his election, if the Government delays the acceptance of resignation.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent submitted that the petitioner has not even given breathing time to the respondents to respond to the petitioner’s application and thus the writ petition is premature. It was further submitted that the petitioner has suppressed materials facts in his proforma attached to the application for resignation
Observations of the court:
The court stated that the petitioner has not suppressed any material facts and that Clause 14 of Appendix 5 of the West Bengal Service Rules being sought by the petitioner is something that arises out of the facts of the case as also and the arguments advanced by both parties in respect of Appendix 5 of the West Bengal Service Rules.
Further on the issue of public interest being the primary consideration under Clause 14, apart from the same being directory, the court stated that when any person seeks to contest an election to the post of a public representative, he is deemed as a person seeking to represent the public at large and there is, therefore, deemed public interest in a person seeking to contest in an election and to be a representative of the people.
The decision of the Court:
The court directed the respondent to accept the resignation of the petitioner within 48 hours.
Case Title: Dr. Pranat Tudu vs The State of West Bengal and Ors.
Coram: Hon’ble Justice Rajasekhar Mantha
Case No.: WPA 8647 of 2024
Advocate for the Petitioner: Mr. Billwadal Bhattacharyya, Mr. Sayak Chakraborti, Mr. Anish Kumar Mukherjee, Mr. Wrickbrata Roy
Advocate for the Respondent: Mr. Amal Kumar Sen Ms. Ashima Das
Read @LatestLaws.com
Picture Source :
