Papia Singha Roy v. State Of West Bengal And ORS.

03.10.2024 sayandeep Sl. No. 06 Ct. No. 08 MAT 1897 of 2024 With CAN 1 of 2024 Papia Singha Roy -Versus The State of West Bengal & ors.

Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin .... for the appellant Mr. Kanak Kiran Bandyopadhyay ..... for the WBCSSC Ms. Moumita Karmakar ...... for the State Ms. Koyeli Bhattacharyya ..... for the WBBSE Let the certified copy filed today be tagged with the memorandum of appeal immediately.

On an application seeking transfer on a special ground, though forwarded through a Managing Committee of the School to the D.I. of Schools (SE), Malda, no decision has been taken as yet. Feeling aggrieved by the apathetic attitude shown by the said authority in keeping the application in abeyance, the writ court was approached so that the authorities may be reminded of their solemn duty which they are entrusted to discharge but the writ Court appears to have usurp the powers of the administrative authority and decided the fate of the application for transfer itself. The Court should avoid the usurpation of the powers entrusted upon the authorities and should not

discharge the administrative duties while exercising the judicial powers. The administrative authority has not taken any decision, therefore, the writ Court ought not to have rejected the application for transfer with the categorical finding that the grounds mentioned for transfer is not plausible or reasonable. Even the grounds which have been assigned does not appear to us to be a plausible or reasonable ground for denial of a right to transfer emanating from the statutory provisions.

We, therefore, set aside the impugned order.

The DI of School(SE), Malda is directed to take conscious decision on the said application within four weeks from the date of the communication of this order and shall also take all consequential steps as provided in the statutory Rules. It goes without saying that the competent authorities under the statutory Rules would promptly address the issues and take steps without causing any undue delay.

The appeal and application are disposed of.

(Harish Tandon, J.) (Partha Sarathi Sen, J.)