S/L 15 15.09.2026 Court No.04 B.K.N W.P.S.T. 03 of 2022 The State of West Bengal & Ors. Vs. Prithiwis Ojha Ms. Chandreyi Alam, Ld. AGP, Ms. Runu Mukherjee … for the Petitioner/State. 1. Heard the learned AGP. 2. The learned advocate for the respondent is not appearing. 3. The writ petitioner was working as a Block Land and Land Reforms Officer, Pather Pratima in the district of South 24 Parganas. Various allegations were leveled against him which prompted the authorities to place the petitioner under suspension in contemplation of a departmental enquiry. The suspension order is dated 02.09.2019. The petitioner thereafter continued in suspension which grievance laid the foundation of O.A. No. 40 of 2020 filed before the West Bengal Administrative Tribunal (for short ‘Tribunal’). 4. The petitioner had made requests upon the respondents to revoke and rescind the suspension order, however, no action was taken by the respondents. Thus being aggrieved, the petitioner filed the Original Application. 5. The respondents were issued notice by the Tribunal. They appeared and filed a reply. After considering the material on record the Tribunal took note of the fact that the authorities did not take steps for the enhancement of subsistence allowance as per provisions contained in Rule 71(1)(a)(i) of the West 2 Bengal Service Rules. The provision contemplated review by the authorities within three months to consider the desirability of continuing the suspension. The same was not done. The Tribunal thus quashed the suspension order. 6. The learned AGP appearing on behalf of the state submits that a review was undertaken by the authorities as contemplated under Rule 71(1)(a)(i) of the West Bengal Service Rules. 7. It is not a case where the authorities after imposing the suspension have sat tight over the matter. Not only review was conducted, but charge memo was also issued on 06.02.2020. The record reveals that thereafter departmental enquiry concluded, and the enquiry report was also submitted by the Enquiry Officer. Such submission is founded on averments made in the reply filed by the respondents before the Tribunal. 8. She, therefore, submits that the authorities have proceeded in the matter with promptitude. The Tribunal, therefore, was not justified in quashing the suspension order. 9. We have considered the submissions of the learned AGP, stand of the State reflected from the reply filed before the Tribunal and the relevant provision relied upon from the West Bengal Service Rules, Part I. 10. The authorities did not review the quantum of subsistence allowance on completion of three months of 3 the suspension period, i.e., on 02.12.2019. Review limited to quantum of subsistence allowance was done for the first time on 06.03.2020. The benefit of such review was extended with effect from 02.12.2019. 11. We find that there is no material on record to show that the authorities conducted any review regarding desirability to continue the suspension after completion of three months as contemplated under Rule 71(4)(iii) of the West Bengal Service Rules, Part I. 12. The enquiry thereafter concluded by submission of an enquiry report which is apparent from the record. 13. Taking note of such facts and lapse of the authorities, the Tribunal quashed the suspension. The order of the Tribunal records that the petitioner participated in the disciplinary proceeding. The Tribunal’s order is founded on the continuation of suspension without any review as mandated under the Rule 71(4)(iii) of the West Bengal Service Rules, Part I, taken note of above. We, therefore, find no reason to interfere with the order of the Tribunal quashing the suspension. 14. The learned AGP submits that pursuant to the enquiry report, the departmental proceeding may have attained finality. 15. We make it clear that we have made no observation in respect of the merits of the departmental enquiry. 16. The writ petition is accordingly disposed of. 4 17. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Madhuresh Prasad, J.) (Partha Pratim Roy, J.)