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2025 DAILYLAW 11225 (CAL)

SUVANKAR BANERJEE v. STATE OF WEST BENGAL AND ORS.

WP.ST/35/2025 · 2025-03-04

Madhuresh Prasad, Supratim Bhattacharya

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Judgment text

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4th March, 2025 (D/L No.05) Ct. No.4 (SKB) W.P.S.T. 35 of 2025 Suvankar Banerjee Versus The State of West Bengal and others Mr. Sidhartha Banerjee, Mr. Sudipta Dasgupta, Mr. Bikram Banerjee, Mr. Baibhav Roy, Ms. Sinjini Chakraborti ….for the petitioner. Mr. Tapan Kumar Mukherjee, ld. AGP, Mr. Tanoy Chakraborty … for the State. 1. Heard the learned counsel for the parties. 2. The petitioner is aggrieved by a suspension order. The suspension has been imposed upon the petitioner under Rule 7 of the West Bengal Services (CCA) Rules, 1971 (hereinafter referred as CCA Rules). The same has been challenged by the petitioner. 3. It was the submission of the petitioner’s counsel that deemed suspension order dated 04.09.2024 with effect from 28.08.2024 was an open ended order and, therefore, was required to be made limited in time. The State Administrative Tribunal has refused to interfere with the order of suspension. 2 4. When the matter is taken up today, we have made a specific query to the learned counsel for the petitioner as to why he has invoked the jurisdiction of the Tribunal without exhausting the remedies as per mandate contained in Section 20 of the Administrative Tribunal’s Act, 1985. 5. Learned counsel for the petitioner submits that by now, the petitioner has already continued in suspension for nearly six months. Having submitted so, he has further submitted that he would be availing the remedy of appeal specified under the CCA Rules. He requested to indicate a time frame for the appellate authority, to whom he would be making his application, to take a final decision. 6. Since the petitioner is availing the remedy of appeal and since six months time has already lapsed since the impugned order of suspension was imposed on the petitioner, we consider it appropriate that the appellate authority shall pass a reasoned and speaking order on the appeal of the petitioner within a period of four weeks from the date of filing of the appeal along with a copy of this order, if the appeal is filed within three weeks. If in spite of the appeal being filed as per 3 this order, the same is not disposed of, the suspension shall stand revoked. 7. The writ petition is, thus, disposed of. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)