Krishna Mallick v. State Of West Bengal And ORS.

Item No.- 23 15.07.2025 Court No. 8 Rohan In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side FMA 439 of 2025 With I.A. No.: CAN 1 of 2025 Krishna Mallick

Versus

The State of West Bengal & Ors.

Mr. Shamimul Bari, Ms. Asmita Mitra.

... for the appellant Mr. Santanu Kumar Mitra, Sr. Govt. Adv., Mr. Subhabrata Das.

... for the State Mr. R. Biswas, Mr. K. Chowdhury.

... for the WBBPE Mr. Bhaskar Prasad Vaisya, Mr. Nilay Baran Mandal.

... for the D.P.S.C., Kolkata

1. The supplementary affiidavit filed on behalf of the appellant is taken on record.

2. It is submitted on behalf of the appellant that the appellate authority is not deciding the appeal as the petitioner has not joined the transferred post.

3. However, in the facts and circumstances of the case, we direct the Board to decide the appeal in accordance with law within a period of four weeks from date.

4. The order of transfer shall remain stayed for a period of six weeks or until the decision is taken by the Board in accordance with law, whichever is earlier.

5. The order dated 23rd May, 2025 shall remain stayed insisting that the appellant shall comply with the order of transfer before the appeal being heard is set aside. The appellant shall be allowed to perform his duties in his present post till the final order is taken by the Board.

6. The appeal being FMA 439 of 2025 and the application being CAN 1 of 2025 stand disposed of. (Soumen Sen, J.) (Smita Das De, J.)