Sanjib Mandal v. The State Of West Bengal And ORS

Form No. J.(2) Item No. 40 AB

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Aniruddha Roy W.P.A. 1742 of 2025 Sanjib Mandal Vs.

The State of West Bengal & Ors.

For the petitioner :

Mr. Sandip Guha Roy, Advocate For the State :

Mr. Subir Kumar Saha, LD. AGP Mr. Kumar Shantanu, Advocate Heard on :

September 2, 2025 Judgment on :

:

September 2, 2025 Aniruddha Roy, J.

Referring to an application dated February 9, 2017, annexure P-2 at page 19 to the writ petition learned counsel for the petitioner submits that, the petitioner has applied for intra-district transfer, inter alia, on medical ground of his son along with other grounds. The said application has not yet been considered, as alleged by the petitioner. Be that as it may, the things have substantially changed in so far as the procedure for application for transfer is concerned. Accordingly, the petitioner shall be at liberty to apply afresh seeking transfer strictly in accordance with law.

In the event, such an application is submitted by the petitioner and if the same is found to be in accordance with law, the appropriate authority/authorities shall consider the same following due process of law. In such an event, the appropriate authority shall consider the same and come to its logical conclusion with reasons within a period of ten weeks from the date of receiving application in accordance with law. It is made clear that, this Court has not gone into the merits of this writ petition. All points are kept open.

It is made clear that, this order shall not create any right or equity in favour of the petitioner if the petitioner does not succeed to his claim for transfer strictly 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. 1742 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.)