S/L 01 15.07.2026 Court No.04 B.K.N W.P.S.T. 94 of 2025 Dr. Swapnajit Saha, WBCS (Exe.) Vs. The State of West Bengal & Ors. Mr. Dr. Swapnajit Saha … Petitioner in person. Ms. Chandreyi Alam, Ld. AGP, Ms. Kakali Dutta … for the State. Ms. Shraboni Sarkar, Ms. Umme Habiba Khatun … for the P.S.C, W.B. 1. The crux of allegations leading to imposition of a penalty of withholding of two increments without cumulative effect is the posting of material on social website allegedly having the propensity to disturb communal harmony. The petitioner was proceeded against for violation of Rule 3(1) and Rule 3(2) of the West Bengal Services (Duties, Rights and Obligations of the Government Employee) Rules, 1980 (‘Rule, 1980’ for short). 2. It is submitted by the petitioner in person that the material/messages posted on the social website were done by the petitioner since he has a Constitutional right to expression in personal capacity. Such posting on the website cannot constitute misconduct or violation of Rule 3(1) and Rule 3(2) of the 1980 Rules. 3. It is further submitted by the petitioner in person that he is conscious of his duties, which he continues and shall 2 continue to discharge with due sincerity, discipline and impartiality expected from a Government servant. A plea is raised in substance that posting of the material is expression of his personal belief and, therefore, cannot come within Rule 3(1) and Rule 3(2) of the 1980 Rules. 4. Upon going through the records, prima facie, we were of the opinion that such stand is not reflected from the written statement of defence submitted by the petitioner in response to the charge memo. 5. We also find that the petitioner did not avail the remedy of review as contemplated under Rule 22 of the West Bengal Services (Classification, Control and Appeal) Rules, 1971. 6. At this juncture the petitioner in person submits that he will avail such remedy and try to persuade the reviewing authority to accept such stand which we have recorded above. 7. Without expressing any opinion on the merits of such submission we dispose of the writ petition enabling the petitioner to avail the remedy of review. 8. For facilitating consideration of the review, we make it clear that the order passed by the West Bengal Administrative Tribunal on 19.02.2025 in O.A. 245 of 2023, affirming the findings of the Enquiry Officer and the Disciplinary Authority only, shall not come in the way. 9. The writ petition is accordingly disposed of. 3 10. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Madhuresh Prasad, J.) (Prasenjit Biswas, J.)