Dr. Bappaditya Ghosh Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Dr. Bappaditya Ghosh Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The State's stand accepting the petitioner's resignation (prayer dated 30.01.2025, effective 07.05.2023, subject to integrity clearance from the State Vigilance Commission, West Bengal and clearance from the Vigilance Branch, Health and Family Welfare Department) was recorded as acceptable; the authority was directed to move expeditiously and complete the clearance exercise preferably within four weeks from receipt/production of the order; O.A. 598 of 2025 before the West Bengal Administrative Tribunal was also disposed of.

Issue for consideration

Whether any relief remains required in the writ petition regarding non-acceptance of the petitioner's resignation application, in view of the State's subsequent decision to accept the resignation. +2 more

Court's answer

Since the Competent Authority has already decided to accept the petitioner's resignation prayer dated 30.01.2025 (with effect from 07.05.2023, subject to vigilance clearances) and the Court finds that stand acceptable, the relief claimed in the proceeding is substantially infructuous.

Ratio / Principle

The time limit of 3 to 4 months indicated by the authority for obtaining the requisite clearances manifests a casual approach of the respondents and is unreasonable/excessive.

Key takeaways

The authority is to move expeditiously for obtaining the clearance in terms of the communication dated 07.01.2026 and make all endeavours to complete the exercise preferably within four weeks from the date of receipt/production of the order.ratio¶15
The relief being substantially allowed, the pendency of O.A. 598 of 2025 before the West Bengal Administrative Tribunal would be futile and serve no useful purpose; the O.A. is accordingly disposed of.ratio¶18

Detailed headnote1 paragraphs

Writ petition by an Assistant Professor of Orthopedeics, Malda Medical College, aggrieved by non-acceptance of his resignation prayer dated 30.01.2025. During pendency, the State produced a communication dated 07.01.2026 of the Director of Medical Education, West Bengal (Memo No.ME/CC-59-2025/M/30) recording the Competent Authority's decision to accept the resignation with effect from 07.05.2023, subject to integrity clearance from the State Vigilance Commission, West Bengal and similar clearance from the Vigilance Branch, Health and Family Welfare Department. Holding the relief substantially infructuous, the Court deprecated the indicated 3 to 4 month timeline as manifesting a casual approach and being unreasonable/excessive, and directed the authority to move expeditiously and complete the clearance exercise preferably within four weeks from receipt/production of the order. The writ petition was disposed of, and the pending O.A. 598 of 2025 before the West Bengal Administrative Tribunal was likewise disposed of as futile.

19^th January, 2026 (D/L No.39) Ct. No.4 (SKB)

W.P.S.T.234 of 2025

Dr. Bappaditya Ghosh Versus The State of West Bengal and others

Mr. Sankha Ghosh, Mr. M. N. Roy, Mr. G. Haldar

… for the petitioner.

Mr. K. J. Yusuf, ld. AGP, Mr. Parikshit Goswami

… for the State.

The substantial claim of the petitioner in this proceeding is regarding non-acceptance of his application for resignation.

The learned advocate for the State has handed over to the court a copy of communication dated 07.01.2026 sent to him. The communication issued under the signature of the Director of Medical Education, West Bengal bearing Memo No.ME/CC-59-2025/M/30 contains instruction that the Competent Authority in the department of Health & Family Welfare, Government of West Bengal, has already decided to accept the resignation prayer dated 30.01.2025 of the petitioner serving as an Assistant Professor in the Department of Orthopedeics, Malda Medical College. The same has been accepted with

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effect from 07.05.2023 but is now subject only to obtaining integrity clearance from the State Vigilance Commission, West Bengal and similar clearance to be issued by the Vigilance Branch, Health and Family Welfare Department, Government of West Bengal. The letter in unequivocal terms states that necessary action for obtaining the vigilance clearance is being taken.

To this extent, there is no dispute between the parties and we also find that the stand to be acceptable. The relief claimed in the proceeding is, therefore, substantially infructuous. However, we find that the authority has expressed that it may take 3 to 4 months for obtaining the above noted requisite clearance. The letter does not specify why it will take such a long time. The time limit specified therefore appears to be manifesting a casual approach of the respondents. We found the expected time (3 to 4 months) to be unreasonable/excessive.

We, therefore, consider it appropriate that the authority should move expeditiously for obtaining the clearance in terms of the communication dated 07.01.2026 and make all endeavours to complete the exercise preferably

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within a period of four weeks from the date of receipt/production of this order.

The writ petition is, therefore, disposed of.

The relief being substantially allowed, there is no dispute between the parties that pendency of O.A. 598 of 2025 before the

West Bengal Administrative Tribunal would be futile and serve no useful purpose. Accordingly, The O.A.598 of 2025 has also been disposed of.

(Madhuresh Prasad, J.)

(Prasenjit Biswas, J.)