AVISHEK BHANDARI AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/24971/2025 · 2025-11-12
Saugata Bhattacharyya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71106 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71106 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
6 1122..1111..22002255 Ct. No. 02
adeb
WPA 24971 OF 2025
Avishek Bhandari & Anr. Vs. The State of West Bengal & Ors.
Mr. Debopam Roy
Ms. Sarangam Chakraborty
…for the petitioners
Mr. Swapan Kumar Dutta, Ld. GP
Mr. Rajat Dutta
Mr. Tarun Kumar Ghosh
…for the State
1. Affidavit of service filed on behalf of the petitioners is taken on record.
2. At the threshold learned advocate representing the State respondents has raised the question of maintainability of this writ petition before this Court.
3. Petitioners were working as lecturers in Arambagh Government Polytechnic and petitioner no. 1 was transferred to Kalimpong Government Polytechnic whereas petitioner no. 2 was transferred to Cooch Behar Government Polytechnic.
4. Prayer is made in the writ petition for providing relevant documents and records relating to the transfer of the petitioners. However, it is submitted by the learned
2 advocate representing the petitioners that issue involved in this writ petition has no nexus with the service of the petitioners as lecturers in Government Polytechnic as prayer is made for supplying materials considered by the Fact Finding Committee and according to the petitioners writ petition in its present form is maintainable before the High Court.
5. On going through the materials available on record and taking note of the complaint which is at page 71 it appears that complainants approach the Principal-in-Charge, Arambagh Government Polytechnic against the petitioners alleging misbehavior/misconduct in due discharge of duty by the petitioners while functioning as lecturers of Arambagh Government Polytechnic
6. Therefore, it appears that the issue involved in this writ petition relates to service of the petitioners. As the petitioners are Government employees at this stage writ petition is not maintainable before this Court in view of Section 15 of the Administrative Tribunals Act,
1985.
7. Hence, the writ petition stands dismissed.
8. However, this order shall not preclude the petitioners to approach West Bengal
3 Administrative Tribunal on the self-same cause of action.
9. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)