Calcutta High Court (Appellete Side)
Debasish Mondal vs State Of West Bengal on 8 July, 2021
08.07.2021
SL No.75
Court No.16
(gc)
WPST 74 of 2020
With
CAN 1 of 2020 (Disposed of)
Debasish Mondal
Vs.
State of West Bengal
(Via Video Conference)
Mr. Debasish Mondal,
...Petitioner (in-person).
Mr. Anirban Roy, Ld. G.P.,
Mr. Raja Saha,
Mr. Biswabrata Basu Mallick,
...for the State.
The writ petition is directed against a judgment and
order dated 27th July, 2020 of the West Bengal
Administrative Tribunal in original application (O.A. No.115
of 2020, Debasish Mondal Vs. State of West Bengal and
Ors.). The writ petition was formally admitted on 9th
October, 2020 by the Coordinate Bench and the Coordinate
Bench did not pass any interim order. The writ petitioner
was directed to immediately join the transferred post subject
to the result of the writ. However, during the pendency of
the writ petition, the pandemic situation again revived. The
petitioner did not join the transferred post. In the impugned
order, we find that the transfer order was issued on 16th
September, 2019 and the release order was issued on 7th
February, 2020. The Tribunal taking into consideration the
aforesaid factors directed the writ petitioner to join the
transferred post within a fortnight from the date of
communication of the order of the Tribunal with a liberty to
the applicant to make a representation to the Joint
Secretary, Irrigation and Waterways Department,
Government of West Bengal. The said authority shall
consider the said representation and dispose it of by a
reasoned order to be communicated to the parties within
three weeks after giving an opportunity of hearing.
The petitioner did not join the transferred post. The
writ petitioner before us submits that there are numerous
reasons for which he could not join the transferred post. He
has also alleged malafide on the part of the administration
in transferring him to the said post. However, having regard
to the fact that he has not yet joined the transferred post
and in the present circumstances it may not be advisable for
him to join the transferred post immediately because of the
pandemic situation, we dispose of the writ petition by
directing the Joint Secretary, Irrigation and Waterways
Department, Government of West Bengal to consider the
representation being Annexure-G to O.A. No.115 of 2020
within a period of three weeks from date and dispose of the
said representation by a reasoned order after giving
reasonable opportunity of hearing to the writ
petitioner/applicant which shall be communicated to the
writ petitioner within one week thereafter.
The order of transfer and the release order shall
remain stayed until final decision in this matter is
communicated to the writ petitioner.
The authority concerned may be at liberty to conduct
the hearing on virtual platform or physically maintaining the
Covid Protocol.
We make it clear that we have not gone into the merits
of the transfer order or the release order. We, however,
observe that the authority concerned shall decide the matter
in accordance with the relevant rules and uninfluenced by
its earlier order of transfer or release order.
With the aforesaid observation, the writ petition, being
WPST 74 of 2020, stands disposed of.
However, there shall be no order as to costs.
All parties shall act on the server copies of this order
duly downloaded from the official website of this Court.
(Amrita Sinha, J.) (Soumen Sen, J.)
