Beauti Baitha v. State Of West Bengal And ORS.

2.

2.

13.03.2025 13.03.2025 Ct. No. 18 (ARPAN) W.P.A. 3545 of 2025 Beauti Baitha Vs.

The State of West Bengal & Ors.

Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal ...for the Petitioner Mr. Santanu Chatterjee Mr. Santanu Sett ...for the State Mr. Kanak Kiran Bandyopadhyay ...for W.B.C.S.S.C Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner has prayed for transfer on medical ground based on an offline application which is at page 93 of the writ petition.

It is submitted by the learned advocate representing the petitioner that as per rules, application for transfer on medical ground needs not be preferred in the prescribed pro-forma since in the prescribed proforma there is no such scope to indicate reason for transfer based on medical ground.

The issue has been decided by the Hon'ble Division Bench in the order dated 14th February, 2025 passed on an intra-court appeal being FMA 103 of 2025 (Tanushri Karmakar v. State of West Bengal & Ors.). In the order dated 14th February, 2025 referring to relevant rules, the Hon'ble Division Bench has observed

that transfer application needs to be preferred in the prescribed pro-forma.

There is a specific observation by the Hon'ble Division Bench in Tanushri Karmakar (supra) that once a thing is required to be done in a particular manner it should be done in such manner and not otherwise. The moment the form is prescribed in the rules shaping an integral part of the statutory provisions, it cannot be whittled down nor to be done away at the behest of the beneficiary of the said rules nor the other stakeholders of the said rules can dispense with the strict adherence of such statutory norms.

In the present case, transfer application which is at page 93 of the writ petition has not been made in a prescribed pro-forma and on perusal of the same the said application also appears to be undated.

In absence of an application made seeking transfer in the prescribed pro-forma, no relief can be granted to the petitioner since the issue has already been decided by the Hon'ble Division Bench in Tanushri Karmakar (supra).

Hence, writ petition stands dismissed.

However, this order shall not preclude the petitioner to take steps in accordance with law for her transfer in future.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)