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Calcutta High CourtWP.ST/32/2017dismissed

Krishna Das v. State Of West Bengal & ORS

2025-04-03Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Supratim Bhattacharya2 pages

03.04.2025 (D/L-4) Ct. No.4 (B.K.N.) W.P.S.T. 32 of 2017 Sri Krishna Das Vs.

The State of West Bengal & Ors.

Mr. B. B. Chaudhuri, Mr. Raj Narayan Datta ...for the Petitioner

1. Heard learned counsel for the petitioner.

2. The petitioner was placed under suspension and had approached the Tribunal being aggrieved by continuance of suspension inordinately. On 18th December, 2015 the West Bengal Administrative Tribunal (SAT for short) disposed of the Original Application bearing O.A. No. 1392 of 2014 filed by the petitioner considering the settled legal position and decision of the Apex Court in the case of A.K. Chowdhury -Vs.- Union of India. The Tribunal was of the view that the suspension cannot be allowed to continue beyond the period of ninety days from the date of issuance of the suspension order in case charge memo has not been served on the applicant.

3. The Tribunal proceeded to set aside the suspension order and directed the respondent authorities to reinstate the applicant as and when he report for his duties. The suspension order dated 9th December, 2011 was thus set aside.

4. The petitioner, however, has assailed this order in the present writ proceedings. The order setting aside the petitioner's suspension was passed by the Tribunal as far back as in the year 2015. We, therefore, do not find any reason to interfere with the same in this writ petition filed by the petitioner, even though the relief was granted to him by the Tribunal.

5. The writ petition does not disclose any other ground for challenging the order of the Tribunal.

6. We find that the writ petition was originally filed in person. Without making any further comment on the issue and since the petitioner has been allowed the relief by the Tribunal in the Original Application we find the present endeavour of the petitioner to be futile and no reason to interfere with the same at the instance of the petitioner.

7. The writ petition is dismissed.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)