Bibartan Mandal v. State Of West Bengal And ORS.
12.02.2026 Item No.07.
Ct. No.15 Suman WPA 309 of 2026 With CAN 1 of 2026 Bibartan Mandal -Vs- The State of West Bengal and Ors.
Mr. Samim Ahammed Mr. Arka Maiti Ms. Ambiya Khatun ..for the petitioner Mr. Rameshwar Sinha ..for Union of India Mr. Arka Kumar Nag Mr. Tanweer J. Mandal ...for the State This writ petition has been filed challenging an order dated December 8, 2025, whereby the petitioner, who is employed as an "Executive Assistant" at Dhelatbamu Gram Panchayat, was entrusted with the responsibility of ensuring the smooth functioning of the day-to-day work in the office of the Sub-Divisional Officer, Manbazar SubDivision, Purulia, until further orders, in addition to his regular duties at Dhelatbamu Gram Panchayat under the Barabazar Development Block.
Thereafter, an order dated December 12, 2025 was issued by the Block Development Officer, Barabazar Block, directing the petitioner to report
to the officer of the Sub-Divisional Officer, Manbazar. By the said order, the Block Development Officer, Barabazar Development Block, also directed the petitioner to hand over charge of his post at Dhelatbamu Gram Panchayat. Subsequently, the petitioner was issued two show cause notices dated December 29, 2025, by the Block Development Officer and the SubDivisional Officer on the ground of his alleged violation of the order dated December 12, 2025, issued by the Block Development Officer. Another show cause notice dated December 30, 2025, was also issued by the Sub-Divisional Officer, Manbazar Sub-Division.
Thereafter, during pendency of this writ petition, by an order dated January 15, 2026, issued by the Executive Officer and District Magistrate, Purulia, the petitioner was transferred to Bamni-Majhihira, Manbazar-I.
In compliance with the order dated February 4, 2026, passed by this Court, the State has filed an affidavit. It appears that the State has withdrawn the transfer order dated January 15, 2026, issued by the District Magistrate, as well as the release order dated December 12, 2025, issued by the Block Development Officer, Barabazar Development Block.
In view of the withdrawal of the said orders, this Court is of the opinion that there is no justification for continuing the aforesaid three show cause notices dated December 29, 2025, and December 30, 2025.
This Court also finds the order dated December 8, 2025, issued by the Executive Officer, Purulia Zilla Parishad, and District Magistrate, Purulia, to be unreasonable. It is acknowledged before this Court that the distance between Dhelatbamu Gram Panchayat and the office of the Sub-Divisional Officer, Manbazar Sub-Division, Purulia, is approximately 35 kilometres. Learned counsel appearing for the petitioner submits that the journey between the said offices takes approximately two and a half hours.
In the considered view of this Court, it is neither just nor reasonable to direct an employee to discharge duties simultaneously at two offices situated at such a considerable distance from each other.
Accordingly, the order dated December 8, 2025, issued by the Executive Officer, Purulia Zilla Parishad, and the District Magistrate, Purulia, is set aside.
The show cause notices dated December 29, 2025, issued by the Block Development Officer,
Barabazar Development Block, and the SubDivisional Officer, Manbazar Sub-Division, are also set aside.
The show cause notice dated December 30, 2025, issued by the Sub-Divisional Officer, Manbazar Sub-Division, is also set aside.
Accordingly, WPA 309 of 2026, along with CAN 1 of 2026, stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties.
(Kausik Chanda, J.)