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Calcutta High CourtWP.ST/205/2025disposed

Dr. Debabrata Pulai v. State Of West Bengal And ORS.

2026-01-19Hon'Ble Justice Madhuresh Prasad,Hon'Ble Justice Prasenjit Biswas3 pages

19th January, 2026 (D/L No.33) Ct. No.4 (SKB) W.P.S.T.205 of 2025 Dr. Debabrata Pulai

Versus

The State of West Bengal and others Mr. Sankha Ghosh, Mr. M. N. Roy, Mr. G. Haldar ... for the petitioner.

Mr. Swapan Kumar Dutta, ld. GP, Mr. Rajat Dutta ... for the State.

1. The substantial claim of the petitioner in this proceeding is regarding non-acceptance of his application for resignation.

2. The learned advocate for the State has handed over to the court a copy of communication dated 08.01.2026 sent to him. The communication issued under the signature of the Director of Medical Education, West Bengal bearing Memo No.ME/CC-12-2025/M/43 contains instruction that the Competent Authority in the department of Health & Family Welfare, Government of West Bengal, has already decided to accept the resignation prayer dated 31.01.2025 of the petitioner serving as an Assistant Professor in the Department of General Medicine, Midnapore Medical College, Paschim Medinipur. The same

has been accepted with effect from 31.01.2025 but is now subject only to obtaining integrity clearance from the State Vigilance Commission, West Bengal and similar clearance to be issued by the Vigilance Branch, Health and Family Welfare Department, Government of West Bengal. The letter in unequivocal terms states that necessary action for obtaining the vigilance clearance is being taken.

3. To this extent, there is no dispute between the parties and we also find that the stand to be acceptable. The relief claimed in the proceeding is, therefore, substantially infructuous.

However, we find that the authority has expressed that it may take 3 to 4 months for obtaining the above noted requisite clearance. The letter does not specify why it will take such a long time. The time limit specified therefore appears to be manifesting a casual approach of the respondents. We find the expected time (3 to 4 months) to be unreasonable/excessive.

4. We, therefore, consider it appropriate that the authority should move expeditiously for obtaining the clearance in terms of the communication dated 08.01.2026 and make all endeavours to complete the exercise preferably

within a period of four weeks from the date of receipt/production of this order.

5. The writ petition is, therefore, disposed of.

6. The relief being substantially allowed, there is no dispute between the parties that pendency of O.A.

of before the West Bengal Administrative Tribunal would be futile and serve no useful purpose. The O.A.492 of 2025 has also been disposed of.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)