Calcutta High CourtWPA/20631/2024dismissed as withdrawn

Rabi Bhusan Pandey v. Excise Commissioner , West Bengal And ORS.

2024-10-05Hon'Ble Justice Arindam Mukherjee1 pages

05.10.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.79 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 20631 of 2024 Rabi Bhusan Pandey Vs.

The Excise Commissioner & Ors.

Ms. Rajnandini Das ....for the petitioner.

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

Admittedly, the petitioner is an employee of under the Government of West Bengal and is ventilating his grievances relating to his service related claims.

In view of the provisions of Section 15(1)(a) read with Section 28 of the Administrative Tribunals Act, 1985, this Court lacks the jurisdiction to receive, try and determine the writ petition as there is a statutory alternative remedy available to the petitioner. The writ petition is dismissed as withdrawn with liberty to file afresh on the self-same case, if otherwise permissible in law.

The time spent between 13th August, 2024 and today (05.10.2024) shall be construed to have been spent by the petitioner to prosecute a matter in a bona fide manner before a forum without jurisdiction. (Arindam Mukherjee, J.)