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Calcutta High CourtWPA/6074/2021dismissed

Dr.Sanjit Biswas v. Union Of India And ORS.

2021-06-28Hon'Ble Justice Shampa Sarkar2 pages

28.06.2021 Court No. 19 Item no.22 CP WPA 6074 of 2021 Dr. Sanjit Biswas vs.

Union of India & ors.

(via video conference) Mr. Rananeesh Guha Thakurta ....for the petitioner.

Mr. Bhudeb Chatterjee ....for the Union of India.

Mr. Indrajeet Dasgupta ....for the respondent no.3.

Affidavit of service is taken on record.

The writ petition has been filed challenging a Resolution dated July 29, 2016 which is annexure P2 to the writ petition. By the order impugned, the President, Cantonment Board, Barrackpore and the Chief Executive Officer, Cantonment Board, Barrackpore unanimously resolved to remove the petitioner from the post of Medical Officer-in-charge and appoint Dr. (Smt.) Krishna Mukherjee as the Medical Officer-in-charge of the Cantonment JC Bose General Hospital. The reasons for such appointment of Dr. (Smt.) Krishna Mukherjee was the maladministration of the Hospital by the petitioner.

However, it has been informed by the learned advocates for the respondents that the petitioner has already been dismissed from service and a writ petition is pending challenging such dismissal. Hence, I do not find any fresh cause of action in the writ petition which has been filed challenging the earlier Resolution prior to the dismissal of the petitioner. Once the petitioner has been dismissed by the authorities, nothing remains to be decided in this writ petition. Hence the writ petition is dismissed without any order.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)