DR. BAPPADITYA GHOSH v. STATE OF WEST BENGAL AND ORS.
WP.ST/234/2025 · 2026-01-19
Madhuresh Prasad, Prasenjit Biswas
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17455 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17455 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19th January, 2026 (D/L No.39) Ct. No.4 (SKB)
W.P.S.T.234 of 2025
Dr. Bappaditya Ghosh Versus The State of West Bengal and others
Mr. Sankha Ghosh, Mr. M. N. Roy, Mr. G. Haldar … for the petitioner. Mr. K. J. Yusuf, ld. AGP,
Mr. Parikshit Goswami … 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 07.01.2026 sent to him. The communication issued under the signature of the Director of Medical Education, West Bengal bearing Memo No.ME/CC-59-2025/M/30 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 30.01.2025 of the petitioner serving as an Assistant Professor in the Department of Orthopedeics, Malda Medical College. The same has been accepted with
2 effect from 07.05.2023 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 found 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 07.01.2026 and make all endeavours to complete the exercise preferably
3 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. 598 of 2025 before the West Bengal Administrative Tribunal would be futile and serve no useful purpose.
Accordingly, The O.A.598 of 2025 has also been disposed of. (Madhuresh Prasad, J.)
(Prasenjit Biswas, J.)