WP.ST/72/2026 of SUBHASHIS DEY Vs STATE OF WEST BENGAL AND ORS. on 16 September 2026

1. The writ petitioner was the applicant before the West Bengal State Administrative Tribunal (hereinafter referred to as the Tribunal) in OA No. 592 of 2025. He is aggrieved by non- acceptance of his resignation. Under the circumstances the petitioner filed the Writ Petition. The petitioner thus approached the writ court since he is left remediless as the Tribunal is non-functional for want of member. Learned Advocate for the petitioner has cited two cases of Hon’ble Supreme Court L. Chandra Kumar v. Union of India reported in (1997) 3 SCC 261 and Rojer Mathew v South Indian Bank Ltd. & Ors. reported in (2020) 6 SCC 1 in support of his prayer.

2. We are informed that the grievance pending in the present writ petition is regarding non acceptance of the writ petitioner’s resignation.

3. The learned AGP has handed over a copy of a communication dated 03.08.2.26 from the Director of Medical Education, Government of West Bengal addressed to the learned AGP which communicates that the competent authority in the department of Health and

Family Welfare has decided to accept the resignation of the writ petitioner with effect from 01.01.2021 subject to integrity clearance to be issued by the State Vigilance Commission as also by the Vigilance Branch of the Health and Family Welfare Department, Government of West Bengal.

4. The communication indicates that the necessary action for obtaining such vigilance clearance is being pursued by the authorities. It also states regarding other formalities as per the extant rules to be followed. The letter states that the entire process may take three to four months.

5. Considering the instruction, which has been handed over to the Court, we find that the prime grievance of the petitioner regarding acceptance of his resignation is redressed in view of the unambiguous statement made in the instruction regarding decision to accept the resignation with effect from 01.01.2021.

6. The writ petition in the circumstances could be disposed of enabling the authorities to take steps for issuance of integrity clearance and for other necessary action as per extant rules as indicated in the letter dated 03.08.2026.

7. We, however, find that the respondents have not given a reasonable definite time frame for completion of such exercise. They have stated in the communication that this process may take three to four months.

8. We are not inclined to grant such a long time for completion of the formalities indicted in the letter dated

03.08.2026 and dispose of the writ petition indicating that the steps for obtaining integrity clearance and other formalities as per letter dated 03.08.2026 must be completed within eight weeks from the date of receipt/production of a copy of this order before the respondent authorities.

9. The writ petition is disposed of.

10. In view of the order being passed today the Original Applicant (OA 592 of 2025) is disposed of. Copy of this order be communicated to the Registry of the West Bengal Administrative Tribunal.

11. Communication dated 03.08.2026 submitted by the learned AGP is kept with the record.

12. 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.)