Swapnil Borah v. The Secretary, The Department Of Health And Family Wefare And ORS

11.12.2023 ap WPA 21165 of 2023 Swapnil Borah Vs.

The Secretary, Department of Health & Family Welfare & Ors.

Mr. Amajit De Ms. Shakshi Rathi ... For the petitioner.

Mr. D.N. Maiti Mr. A. Singh ... For respondent no. 4.

Ms. Shivangi Thard ... For respondent no. 6.

Mr. Aditya Kanodia Mr. Rudrajit Sarkar Mr. Tamoghna Saha ... For the Intervener.

The petitioner was suspended with effect from February 17, 2023 from internship for his alleged involvement in a car accident by an order dated February 16, 2023 issued by respondent no.6.

Thereafter, the petitioner was allowed to resume internship by a letter dated May 19, 2023 issued by respondent no.6.

Mr. Amajit De, learned advocate appearing for the petitioner submits that despite the said order dated May 19, 2023 the petitioner was not allowed to rejoin internship.

The college submits that due to fierce students' agitation in the college over the car accident, it was decided not to allow the petitioner to rejoin his internship, only to ensure his safety and security.

It has been submitted by the college that a fivemember enquiry committee has been constituted to enquire into the allegations against the petitioner. The enquiry committee shall file its report in a day or two. In view of the above developments, I dispose of this writ petition with a direction upon the college to conclude the proceedings against the petitioner within a period of three months from date.

Needless to mention that if the result of the proceedings goes in favour of the petitioner, he would be reinstated in internship forthwith. The petitioner will be at liberty to challenge the outcome in accordance with law if he is aggrieved by the same.

Accordingly, WPA 21165 of 2023 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with the requisite formalities.

(Kausik Chanda, J.)