Ct. No.4 D/L 05.08.2025 (Naba) 06 W.P.S.T. 45 of 2025 Sanjoy Rana Vs.

The State of West Bengal & Ors.

Mr. Saikat Basu, Mr. R. Singh ...for the Petitioner Mr. Tapan Kumar Mukherjee, ld. AGP, Ms. Sangeeta Roy ...for the State

1. The petitioner has approached the West Bengal Administrative Tribunal (hereinafter referred to as the ‘S.A.T.’) assailing a transfer from Purba Medinipur to Baruipur Police District under a composite order dated 01.10.2024 whereby and whereunder total 36 (thirty six) police personnel of different districts have been transferred. The petitioner has approached the S.A.T. aggrieved by the transfer order by asserting that he has been transferred 10 (ten) times in the last 03 (three) years. The S.A.T. has rejected the petitioner’s Original Application being O.A. No. 584 of 2024 by an order dated 29.01.2025. This order is put to challenge in the present proceedings.

2. On an earlier occasion when the matter was taken up, we had enquired whether the petitioner has joined the transferred place of posting so as to sustain a challenge to the transfer order.

3. The answer now which is not in dispute, is that the petitioner has joined his transferred place of posting.

4. In the meantime, the petitioner who is claiming some mental disturbance, has been referred to a medical board by the Superintendent of Police, Baruipur Police District by an order dated 04.06.2025 issued by a letter bearing memo. No. 734. Pursuant to the said communication, the petitioner was subjected to a medical board which has recorded a finding that though he is not suffering from any psychiatric disorder but he is suffering from mixed anxiety and depressive disorder and has to continue on psychotropic medication under supervision. The medical board has opined that he is fit to continue his duties without arms under complete supervision.

5. The report of the board dated 07.07.2025 now has to be taken into consideration by the competent authority to give the petitioner a posting as per the medical opinion contained in the report dated 07.07.2025, brought on record by way of a supplementary affidavit after due service upon the learned counsel representing the State Government.

6. Since the report is to be considered by the authority competent to transfer the petitioner calling for an opposition in respect of the supplementary affidavit would be an exercise in futility.

7. We are informed that the Deputy Inspector General of Police (Administration)/respondent no. 6 is the competent authority for taking a decision with respect to the petitioner’s transfer.

8. Having regard to the medical opinion, we consider it appropriate that the respondent no.6 should take a decision considering the medical opinion, to accordingly give the petitioner a posting within a period of two weeks from the date of receipt/production of a copy of this order before the respondent no.6.

9. The Writ Petition being W.P.S.T. No. 45 of 2025 stands disposed of in the above terms. 10. There will be no order as to costs.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Madhuresh Prasad, J.)

(Supratim Bhattacharya, J.)