Soumodip Jha v. The State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 16114 of 2025 Soumodip Jha VS The State of West Bengal & Ors.

Mr. Gangadhar Das Mr. Tanmoy Chattopadhyay .... For the petitioner Mr. Amitabrata Roy, Ld. GP Mr. Pinaki Dhole Mr. Shibasish Banerjee .... For the State Affidavit of service filed in Court today, is 08.8.2025 (Item No. 25) (AB) taken on record.

Mr. Gangadhar Das, learned advocate appears for the petitioner with Mr. Tanmoy Chattopadhyay, learned advocate.

Mr. Pinaki Dhole, learned advocate appears for the State respondents.

The solitary grievance of the petitioner in this writ petition is that, the petitioner has suffered an order of dismissal arising out of a disciplinary proceeding dated May 19, 2022. Being aggrieved thereby petitioner has preferred a departmental appeal, annexure P-18 at page 46 to the writ petition, the same is still pending.

The relevant guideline dated September 29, 2014, annexure P-27 at page 71 to the writ petition categorically provides that, the appellate authority shall dispose of the appeal petition within one month of receipt of such appeal petition.

In view of the above, the jurisdictional appellate authority shall dispose of the appeal, annexure P-18 at page 46 to the writ petition strictly in accordance with law and by passing a reasoned order.

In the event, any issue is raised with regard to the maintainability of the appeal, the same shall have to be addressed first along with final disposal of the appeal.

The entire exercise including the disposal of the appeal shall be carried out by the appellate authority positively within a period of one working month from the date of communication of this order. It is made clear that, this Court has not gone into the merits of this writ petition or the subject appeal and all questions are left open for adjudication by the jurisdictional appellate authority in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition W.P.A. 16114 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)