27/07 2026 AD/23/18 266312 NANDY (DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/6630/2026 DIPANJAN CHAKRABORTY VS THE STATE OF WEST BENGAL & ORS. Mr. Srijit Chakraborty, Advocate Mr. Sumitava Chakraborty, Advocate Mr. Washim Akthir Dafader, Advocate ……for the Petitioner Mr. D.N. Ray Ld. G.P. Ms. Aparna Banerjee, Ld. AGP Mr. Guddu Singh, Advocate Mr. Sourav Halder, Advocate ……for the State 1. Affidavit of service and the supplementary affidavit filed by the petitioner are taken on record. 2. The writ petition is entertained in view of the fact that the West Bengal Administrative Tribunal is non- functional on account whereof the petitioner is remediless and in terms of the decision of the Division Bench of this Hon’ble Court passed in Anindya Sundar Das Vs. The State of West Bengal (WPST/209/2025 with WPST/210/2025). 3. The petitioner is aggrieved that the enquiry proceedings against him have not been concluded even after the lapse of five years. Additionally, he was suspended sometime in July 2021 and has been without any subsistence allowance since. The petitioner was employed in the Land & Land Reforms Department in the post of ‘Bhumi Sahayak’ since 2010. 4. The petitioner was given a suspension notice on 26.07.2021, on the ground that he had engaged in defalcation of funds in excess of Rs.47,00,000/-. 5. Ms. Banerjee, learned Additional Government Pleader, appearing for the authority submits that the inquiry officer has completed the process of inquiry and has also submitted the inquiry report to the concerned P a g e | 2 disciplinary authority sometime in February 2026. She further submits that the subsistence allowance was not paid in view of the fact that the petitioner had not produced the requisite certificates to establish that he was not gainfully engaged elsewhere. 6. The petitioner has been suspended since 2021 and cannot be kept in perpetual suspension. 7. The petitioner is granted liberty to produce all requisite documents/certificates to show that he is not engaged gainfully elsewhere. 8. Such certificates/documents will be submitted by the petitioner by August 10, 2026. 9. The authorities will immediately release and disburse the subsistence allowance from the date that he is entitled to it, sometime in July 2021 till the present time. 10. The petitioner will also be at liberty to make an application before the concerned Review Committee to place his case for reinstatement, pending inquiry, since he has been in suspension for five years now. 11. Since the enquiry report has already been submitted, the disciplinary authority will take a decision whether to proceed or not with the disciplinary proceedings against the petitioner. 12. In the event they opt to proceed, the entire disciplinary proceedings will be completed by November 30, 2026. 13. With these directions, the writ petition is disposed of. No order as to costs. (Reetobroto Kumar Mitra, J.) P a g e | 3