WP.ST/180/2026 of KAJAL CHOUBEY Vs STATE OF WEST BENGAL AND ORS. on 18 September 2026

1. Without going into the issue pending before the Tribunal, we take note of the submissions advanced by the learned advocate for the writ petitioner that he approached West Bengal Administrative Tribunal by way of original application bearing O. A. No.79 of 2026. The O.A. was filed at a time when the Tribunal was not functional for want of a Member.

2. Learned advocate for the petitioner submits that under such circumstances he is rendered remediless.

3. Under the circumstance, placing reliance on decisions of the Hon’ble Supreme Court of India in the case of L. Chandra Kumar Vs. Union of India & Ors. reported in (1997) 3 SCC 261 read with the later Judgement in the case of Rojer Mathew Vs. South Indian Bank Ltd. & Ors. reported in (2020) 6 SCC 1, he submits that he is entitled to invoke the writ jurisdiction of this Court for the relief for which he approached the Tribunal.

4. For enabling the petitioner to avail remedy before the learned Single Judge, we dispose of the Original Application bearing O.A. No. 79 of 2026.

5. We are disposing of the Original Application in the present proceeding, since it is submitted by the learned advocate for the writ petitioner that for want of a functional Tribunal, he is not even in a position to withdraw the pending Original Application for availing remedy before the learned Single Judge Bench.

6. O. A. No. 79 of 2026 accordingly stands disposed of.

7. The Writ Petition is also disposed of with liberty to avail remedy in accordance with law.

8. Copy of this order be communicated to the Registry of the West Bengal Administrative Tribunal.

9. There will be no order as to costs.

10. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Madhuresh Prasad, J. )

( Partha Pratim Roy, J. )