Nilanjan Datta v. State Of West Bengal And ORS.

13.04.2022 sb Ct 23

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 6126 of 2022 Dr. Nilanjan Datta Vs.

The State of West Bengal & Ors.

Mr. Bhaskar Roy .... For the petitioner.

Mrs. Chama Mookerji, Ms. Manika Pandit ... For the State.

Affidavit of service filed in Court today is taken on record.

The petitioner while working as Medical Officer (Specialist) in Dinhata S.D. Hospital, Cooch Behar, tendered his resignation on 18th January, 2019. The petitioner alleges that his resignation has not been accepted and he has also not been formally released. The petitioner was admittedly in service under the State of West Bengal. In view of provisions of section 3(q) and 15 of the Administrative Tribunal Act, 1985, this Court lacks jurisdiction to receive, try and determine the writ petition.

The writ petition is therefor dismissed as withdrawn.

The dismissal of the writ petition will not prevent

the petitioner from approaching the appropriate forum on the selfsame cause of action, if any.

(Arindam Mukherjee, J.)