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2023 DIGILAW 263 (CAL)

Bikram Panda v. State of West Bengal

2023-02-20

SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA

body2023
JUDGMENT : SUBRATA TALUKDAR, J. 1. The facts of this case are truly chequered. The essential narrative, according to the petitioner, runs as follows: That on the 7th of September, 2012, the petitioner joined the Health & Family Welfare Department, Government of West Bengal as Block Medical Officer of Health (for short the BMOH), Contai-III in WBPH & AS Cadre. The petitioner was posted as BMOH, Contai-III, Nandigram HD. 2. On the 26th of July, 2019, the petitioner was transferred to Panchkelguri RH, Alipurduar-I, in place and stead of Dr. Rahul Sarkar. On the next date, i.e. 27th of July, 2019, the petitioner was released by the then CMOH, Nandigram enabling him to take charge as BMOH, Panchkelguri. 3. On the 1st July, 2019, the petitioner applied before the then CMOH, Alipurduar to allow him to join at Panchkelguri. The CMOH issued an order accepting the joining report of the petitioner. On the next date, i.e. 2nd July, 2019, the said Dr. Rahul Sarkar was directed to make over charge to the petitioner by the then CMOH, Alipurduar. On the 4th of July, 2019, the said Dr. Rahul Sarkar informed of his inability to join at Kharipukuria, Nandigram as posted vice the petitioner. The said Dr. Rahul Sarkar did not hand over charge to BMOH, Alipurduar (1). 4. On the 8th of July, 2019, the then CMOH, Alipurduar directed the petitioner to take over charge as BMOH, Alipurduar indicating that Dr. Rahul Sarkar has been released to join at Nandigram on 12th July, 2019. The said Dr. Rahul Sarkar was released by the then CMOH, Alipurduar for his onward reporting before the then CMOH, Nandigram. 5. Meanwhile on 22nd July, 2019, the petitioner was promoted to the rank of Assistant Chief Medical Officer of Health (for short ACMOH). 6. On 23rd July, 2019, the BMOH, Kharipukuria, complained to the then CMOH, Alipurduar about the non-reporting by the said Dr. Rahul Sarkar at Nandigram. On 25th July, 2019, the ACMOH, Alipurduar informed the BMOH, Kharipukuria about the petitioner having joined and continuing his services at Alipurduar. 7. On 26th July, 2019, the transfer order of the petitioner from Nandigram to Alipurduar was notified but, the promotion was not taken into consideration. On 5th August, 2019 an addendum to the notification was published indicating that the petitioner will discharge duties as ACMOH, Alipurduar. 7. On 26th July, 2019, the transfer order of the petitioner from Nandigram to Alipurduar was notified but, the promotion was not taken into consideration. On 5th August, 2019 an addendum to the notification was published indicating that the petitioner will discharge duties as ACMOH, Alipurduar. On the 6th of August, 2019, the final release order of the petitioner was published by the then CMOH, Nandigram. On 8th August, 2019, the petitioner filed a joining report as BMOH, Alipurduar in the rank of ACMOH before the then CMOH, Alipurduar. A representation was also filed by the petitioner to fix his pay as per the promoted rank of ACMOH. 8. On 13th August, 2019, the petitioner in his capacity as ACMOH, Alipurduar was directed by the then CMOH, Alipurduar to cancel the release order of the said Dr. Rahul Sarkar dated 9th July, 2019 and issue a fresh release order in favour of the said Dr. Rahul Sarkar for joining as BMOH, Dalua upon regularizing his absence. 9. On 14th August, 2019, the petitioner, in compliance with the direction of the then CMOH, Alipurduar, issued the fresh release order in favour of the said Dr. Rahul Sarkar. On 16th August, 2019, the original release order dated 8th August, 2019 of the petitioner was forwarded to the then CMOH, Alipurduar. On 27th August, 2019, the then CMOH, Alipurduar directed BMOH, Panchkelguri to release the salary of the said Dr. Rahul Sarkar notwithstanding his absence. 10. On the 6th of September, 2019, the then CMOH, Alipurduar threatened the petitioner with initiation of disciplinary proceedings owing to unauthorized leave and non-occupation of his residential quarters as BMOH. The petitioner was compelled to file an elaborate representation before the Director of Health Services disclosing the developments prevailing in the matter of his transfer. Further, on 14th September, 2019, the petitioner made a second representation to the Director of Health Services (for short the DHS). 11. On the 26th of September, 2019, the ACMOH, Alipurduar issued a show cause notice against the petitioner for unauthorized absence and withdrawal of HRA despite availability of residential quarter. On 27th September, 2019, the petitioner replied to the show cause notice. 12. 11. On the 26th of September, 2019, the ACMOH, Alipurduar issued a show cause notice against the petitioner for unauthorized absence and withdrawal of HRA despite availability of residential quarter. On 27th September, 2019, the petitioner replied to the show cause notice. 12. On 1st October, 2019, the then CMOH, Alipurduar intimated the petitioner that the reply to the show cause notice dated 26th September, 2019 (supra) was found to be unsatisfactory and threatened the petitioner with insubordination and violation of the existing service rules. On the same day, the petitioner issued a letter to the DHS indicating the anomalies created in the matter of transferring the petitioner from Nandigram to Alipurduar and requesting the DHS to issue official instructions in such regard. 13. On 18th October, 2019, the then CMOH, Alipurduar issued an order directing one Dr. Rupam Roy to take charge in place and stead of the petitioner at Alipurduar. On 1st November, 2019, the petitioner made a representation before the Superintendent, Bhatibari RH, Alipurduar for release of his monthly salary with effect from 16th September, 2019. On 14th November, 2019, the petitioner was directed to resume his duties immediately by the ACMOH, Alipurduar, also indicating in the said letter that the non-payment of the salary of the petitioner was on account of his long absence. 14. On 15th November, 2019, the petitioner made a representation before the ACMOH, Alipurduar revealing the reasons for his absence. 15. On 24th January, 2020, the petitioner was ordered to be posted as Superintendent, Tufanganj Mental Hospital, Cooch Behar in the rank of ACMOH. Again on 27th January, 2020, the petitioner filed a representation before the DHS seeking release of his salary from October, 2019 till date. The representation dated 27th January, 2020 was followed up by yet another representation dated 11th February, 2020. 16. On 20th February, 2020, the then CMOH, Alipurduar alleged insubordination and unauthorized absence against the petitioner reporting such allegations to the DHS on 24th February, 2020. The petitioner made yet another representation before the DHS for issuance of deemed to be released order on 24th February, 2020, followed up by a representation before the District Magistrate, Alipurduar on 17th of March, 2020. Yet another representation dated the 24th of March, 2020 was filed by the petitioner before the Principal Secretary to the Department of Health and Family Welfare, Government of West Bengal. 17. Yet another representation dated the 24th of March, 2020 was filed by the petitioner before the Principal Secretary to the Department of Health and Family Welfare, Government of West Bengal. 17. Finally, the petitioner filed WP No. 5919 (W) of 2020, before the Hon’ble High Court. W.P. 5919 (W) of 2020 was decided in favour of the petitioner by a Hon’ble Single Bench. The Hon’ble Single Bench permitted the petitioner to receive all his arrear and current salaries with the further direction that he be allowed to join duties as ACMOH Tufangunj, Cooch Behar. 18. However, by Order dated 10th September, 2020, the petitioner was granted liberty by a Hon’ble Single Bench to approach the Learned State Administrative Tribunal. 19. With the Learned State Administrative Tribunal refusing to consider the interim prayer of the petitioner in OA 472 of 2020, the petitioner approached the Hon’ble Court by filing WPST 59 of 2021. 20. The Hon’ble Division Bench disposed of WPST 59 of 2021 by remanding OA 472 of 2021 before the Learned State Administrative Tribunal to consider the prayer of the petitioner for release of his salary expeditiously. However, inspite of the remand no decision was rendered by the Learned Tribunal, compelling the petitioner to once again approach the Hon’ble Court by filing the present WPST 86 of 2021. 21. In the meantime, on 12th August, 2021, the petitioner was called for the interview for the promotional post of Deputy Assistant Director of Health Services. 22. Mr. Karmakar, Learned Counsel appearing for the petitioner, strongly argues that the petitioner has been made a victim of the manipulative actions taken by the then CMOH, Alipurduar, for the purpose of extending unfair service benefits in favour of the said Dr. Rahul Sarkar. Learned Counsel submits that although the petitioner was always ready and willing to join from Nandigram to Alipurduar, his actual joining was manipulated by the then CMOH, Alipurduar for the purpose of providing a preferred place of posting to the said Dr. Rahul Sarkar. 23. The State respondents, represented by Learned Additional Government Pleader (AGP), Mr. Tapan Mukherjee, while not deviating from the above stated chronology of facts, takes the stand that the salaries of the petitioner could not be disbursed in view of his unauthorised absence on and from 26th September, 2019. Rahul Sarkar. 23. The State respondents, represented by Learned Additional Government Pleader (AGP), Mr. Tapan Mukherjee, while not deviating from the above stated chronology of facts, takes the stand that the salaries of the petitioner could not be disbursed in view of his unauthorised absence on and from 26th September, 2019. It is submitted that taking a decision on the unauthorised absence of the petitioner lies within the administrative domain of his controlling department. Till such decision is taken and the leave/absence of the petitioner stands regularised, his salaries cannot be released. 24. It is submitted that unauthorised absence is a misconduct within the meaning of the West Bengal Civil Services (Control, Classification & Appeal) Rules, 1971 (for short, the 1971 Rules). The categorical stand is taken by the State that the petitioner must apply for regularising of the period of his absence before his salary can be disbursed. 25. It is further submitted that the drawal of HRA by the petitioner at a time when the petitioner had been allotted a Government Quarter, also amounts to a misconduct. 26. A third limb of submission placed by the State is that the Learned State Administrative Tribunal had not finally decided the lis between the parties. It is pointed out that the Learned Tribunal had only permitted the parties to exchange pleadings with a direction upon the Principal Secretary, Department of Health and Family Welfare, Government of West Bengal, to give necessary instructions to Learned State Counsel. It is thus submitted that without an adjudication by the Learned Tribunal, the petitioner is not entitled to claim reliefs before the Hon’ble Court. 27. Having heard the parties and considering the materials placed, this Court notices an inherent fallacy in the stand of the State respondents. The fallacy is that, assuming but not admitting that the appellant/the writ petitioner was unauthorisely absent, it is equally true that the appellant/the writ petitioner was then liable to be proceeded against departmentally. The State has not drawn up departmental proceedings against the petitioner for alleged misconduct arising out of unauthorised absence and wrongful drawal of HRA. To the contrary, the then CMOH, Alipurduar accepted the joining of the petitioner upon his release from Nandigram and the petitioner was even promoted and posted on promotion to Tufangunj. 28. This Court must further notice that with the then CMOH, Alipurduar directing the said Dr. To the contrary, the then CMOH, Alipurduar accepted the joining of the petitioner upon his release from Nandigram and the petitioner was even promoted and posted on promotion to Tufangunj. 28. This Court must further notice that with the then CMOH, Alipurduar directing the said Dr. Rahul Sarkar to hand over charge to the petitioner on the 2nd of July, 2019, the entire sequence of unfortunate events commenced on and from the 4th of July, 2019, on which date the said Dr. Rahul Sarkar informed of his inability to join on transfer at Nandigram. No explanation is provided by the State Respondents regarding the steps taken qua the failure of the said Dr. Rahul Sarkar to hand over charge at Alipurduar to the petitioner. 29. The anarchy of multiple orders stood exacerbated with the formal release of the said Dr. Rahul Sarkar by the then CMOH, Alipurduar on the 12th of July, 2019 coupled with the instruction to the petitioner on the 8th of July, 2019 directing him to take over charge as BMOH, Alipurduar on the release of the said Dr. Rahul Sarkar. 30. Thereafter, upon his promotion as ACMOH, the petitioner was directed by the then CMOH, Alipurduar on the 13th of August, 2019 to cancel the release order of the said Dr. Rahul Sarkar dated the 9th of July, 2019 and issue a fresh release order to enable Dr. Rahul Sarkar to join at his preferred place of posting as BMOH, Dalua, instead of Nandigram and also regularising his absence. It was further directed by the then CMOH, Alipurduar on the 27th of August, 2019 for release of the salary of the said Dr. Rahul Sarkar. 31. This Court cannot help but deeply notice the chain of events unleashed by the then CMOH, Alipurduar apropos the petitioner on and from September, 2019 after the said Dr. Rahul Sarkar was allowed to comfortably settle down in his new place of posting as BMOH, Dalua with regularisation of service and pay by the end of August, 2019. On 26th of September, 2019, the ACMOH, Alipurduar issued a show cause notice to the petitioner alleging unauthorised absence and wrongful drawal of HRA notwithstanding the fact that he was not the superior officer of the appellant/the writ petitioner who had been by then on the 22nd of July, 2019 promoted to the rank of ACMOH. On 26th of September, 2019, the ACMOH, Alipurduar issued a show cause notice to the petitioner alleging unauthorised absence and wrongful drawal of HRA notwithstanding the fact that he was not the superior officer of the appellant/the writ petitioner who had been by then on the 22nd of July, 2019 promoted to the rank of ACMOH. Notwithstanding the torrent of Show-Cause notices issued against the petitioner followed by his replies, no departmental action was instituted against him. Rather, on the 24th of January, 2020, the petitioner was posted on promotion to Tufangunj Mental Hospital as Superintendent. 32. It would not be out of place at this stage of the discussion to refer to the earlier round of litigation instituted by the present appellant/the writ petitioner before the Hon’ble Court, being WP 5919 (W) of 2020. It would be further useful for appreciating the manner in which the Hon’ble Single Bench dealt with the grievances of the present appellant/the writ petitioner in WP 5919 (W) of 2020 at the interim stage by Order dated 21st of July, 2020, which stands quoted below: “21st July, 2020 (AK) W.P. No. 5919(W) of 2020 Dr. Bikram Panda Vs. The State of West Bengal and Others The petitioner is a Medical Practitioner who was working in the rank of BMOH at Nandigram and was subsequently transferred to the same rank at Alipurduar in the year 2019 and joined such office on July 1, 2019. The aforesaid facts appear to be corroborated by the Annexure to the present writ petition. Such joining was also acknowledged by the appointing authorities in their correspondence. On July 22, 2019, the petitioner was promoted to the rank of ACMOH in Alipurduar itself. However, despite such promotion, the petitioner was prevented from acting in office at Alipurduar, allegedly due to the refusal of the previous ACMOH to hand over charge to the petitioner. Subsequently, despite the petitioner having applied repeatedly for leave due to medical reasons, it is alleged that such applications were not even considered by the authorities at any point of time. There being medical urgency, the petitioner had to rush to his native place and remain there for certain days and subsequently returned to Alipurduar. However, as per the Annexure at page-48 of the writ petition, apparently, the petitioner was finally released from his post at Nandigram by a communication dated August 6, 2019. There being medical urgency, the petitioner had to rush to his native place and remain there for certain days and subsequently returned to Alipurduar. However, as per the Annexure at page-48 of the writ petition, apparently, the petitioner was finally released from his post at Nandigram by a communication dated August 6, 2019. As such, the petitioner was compelled to submit a fresh joining letter. However, the petitioner alleges that, due to no fault of the petitioners, he was not paid the salary, as ACMOH after his promotion since July 22, 2019. Such payment was withheld totally since the month of October, 2019 and has not been paid to the petitioner till date. Even prior to such salary being stopped in October, 2019, since the month of August, 2019, the petitioner was under-paid, commensurate with the rank of BMOH, despite his promotion, in the meantime, to the rank of ACMOH. It is further argued by learned counsel for the petitioner, that the petitioner was charged with absenteeism despite the authorities having not considered the leave applications filed by the petitioner well in advance. Secondly, the allegation of insubordination has been levelled against the petitioner, without assigning any concrete reason for coming to such conclusion. That apart, the petitioner’s House Rent Allowance (HRA) was also alleged to have been illegally withdrawn, since during the period when the petitioner was not granted any authorised leave by the concerned authority. Despite service, none appears for the respondents. Accordingly, the respondents are directed to file their affidavit(s)-in-opposition, if any, within three weeks from date. Reply, if any, to be filed by the petitioner within a fortnight thereafter. The petitioner has made out a strong prima facie case as to the discrimination against the petitioner as compared to the erstwhile bearer of his office, namely Dr. Rahul Sarkar. Moreover, despite the petitioner having been promoted in the meantime to the post of ACMOH and having joined as long back as on July 1st, 2019 (initially as BMOH till his promotion), he was not paid salary since August, 2019 till September, 2019 at par with the ACMOH’s entitlement, but received emoluments commensurate with the post of BMOH, despite his promotion in the meantime. Since October 2019, the petitioner’s total salary has been stopped. Since October 2019, the petitioner’s total salary has been stopped. Hence, keeping in view the present pandemic situation and the consequent crisis, the petitioner ought not to be restrained from practising his calling as a medical practitioner without any plausible reason and be deprived from his salary for his tenure at Alipurduar. Thus, as an interim measure, the respondents are directed to release the petitioner’s entire arrear salary and ancillary benefits for the period between October, 2019 till date, as also the balance arrears of salary, being the difference between that of the ACMOH and BMOH, for the months of August and September 2019, subject to the result of the present writ petition. It is made clear that such arrears shall be paid to the petitioner within a fortnight from the date of communication of this order to the respondents and/or their representatives. It may also be noted that, in the meantime, the petitioner was again transferred to the rank of ACMOH at Tufangunj, where he has not been able to join service due to no release letter having been given by the Alipurduar authorities. In such view of the matter, the respondents are further directed to permit the petitioner to join immediately in his service as ACMOH at Tufangunj in consonance with his latest transfer and, upon so joining, to go on paying the current salary of the petitioner at the rate commensurate with the rank of ACMOH until further order. The directions passed herein are without prejudice to the rights and contentions of the parties in the writ petition and all questions shall be kept open, to be urged at the time of final hearing of the writ petition. Let the matter enlisted for hearing before the next available co-ordinate Bench after six weeks from date. Urgent website copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.” 33. The reason why the order of the Hon’ble Single Bench in WP 5919 (W) of 2020 dated 21st of July, 2020 (supra) is referred to in this discussion lies in the fact that although the matter was remanded in the first instance to the Learned State Administrative Tribunal on jurisdictional grounds, however on merits the Hon’ble Single Bench had come to the conclusion with regard to the unjust treatment meted out to the present appellant/the writ petitioner by the State Respondents. 34. In the clear view of this Court, the onus was on the State respondents to departmentally proceed against the petitioner on a charge of misconduct. The argument advanced by Learned State Counsel that the petitioner should apply first seeking regularisation of service and pay, is akin to putting the cart before the horse. By all canons of service jurisprudence, the State respondents are precluded from withholding the salaries of the petitioner on an unproved charge of misconduct without drawing up any departmental proceeding and, at the same time, promoting the petitioner to ACMOH and posting him on promotion to Tufangunj. It is relevant to mention here that the petitioner was again called for the interview for promotion to the rank of Deputy Assistant Director of Health Services on the 12th of August, 2021, without there being a whisper raised by Learned State Counsel that qua the petitioner the promotional exercise was being conducted in sealed cover. 35. This Court must also notice that in the absence of cogent materials against the petitioner and apprehending disclosure of unpleasant facts connected to the indulgence meted out to the said Dr. Rahul Sarkar by the then CMOH, Alipurduar, the State has deliberately shied away from handling the alleged misconduct of the petitioner in accordance with law. So much so that the State expects the petitioner to first file a representation, almost in the nature of an admission, explaining the alleged misconduct. 36. It is on record that the petitioner had answered the Show Cause Notices. Therefore, without a finding arrived at in accordance with law against the petitioner for his unauthorised absence, withholding of his salaries amounts to a patently illegal action. 37. Such action deserves to be struck down and this Court does so. 38. The above discussed illegality of denial of salaries to the petitioner is the culminating point of a series of manipulative actions unleashed against the petitioner at the behest of the then CMOH, Alipurduar after the latter had succeeded in protecting the transfer, absence and pay of the said Dr. Rahul Sarkar. In order to get a just treatment, the petitioner had to file repeated representations before the Director of Health Services and finally approach the Learned Tribunal and the Hon’ble Court. 39. Such manipulative, mala fide action of the then CMOH, Alipurduar requires to be visited with costs and this Court does so. 40. Rahul Sarkar. In order to get a just treatment, the petitioner had to file repeated representations before the Director of Health Services and finally approach the Learned Tribunal and the Hon’ble Court. 39. Such manipulative, mala fide action of the then CMOH, Alipurduar requires to be visited with costs and this Court does so. 40. Finally, this Court is required to address the stand of the State respondents that this petition is not maintainable in the absence of a definite adjudication by the Learned Tribunal. In this connection reference be made to the solemn Order of the Hon’ble Division Bench dated 20th July, 2021. The said Order reads as follows: “20.07.2021 SL No. 22 Court No. 16 (GC) WPST No. 59 of 2021 Dr. Bikram Panda Vs. The State of West Bengal and Others (Via Video Conference) In the event the State has not filed any affidavit in terms of the order dated 15th March, 2021 pending before the Tribunal, we request the Chairman, West Bengal Administrative Tribunal to decide the prayer for interim order as prayed for in the original application as expeditiously as possible without giving any further extension to the said respondents authorities as it concerns payment of salary to a Doctor and the direction for filing affidavit was given on 15th March, 2021. The prayer for interim relief may be considered on the basis of the petition filed before the learned Tribunal without calling for any affidavit in the event no affidavit is filed. The original certified copy of the order of the learned Tribunal dated 15th March, 2021 is taken on record. With the aforesaid direction the writ petition being WPST 59 of 2021 stand disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.” 41. The point is not lost on this Court that the Learned Tribunal had the obligation to act in terms of the said solemn Order dated 20th July, 2021. However, instead of considering the interim reliefs on the basis of the petition filed without calling for any affidavit in the event no affidavit is filed (supra), the Learned Tribunal once again by the Order impugned dated 10th September, 2021 placed the matter to appear in the list after three months upon granting a further opportunity to exchange pleadings. 42. However, instead of considering the interim reliefs on the basis of the petition filed without calling for any affidavit in the event no affidavit is filed (supra), the Learned Tribunal once again by the Order impugned dated 10th September, 2021 placed the matter to appear in the list after three months upon granting a further opportunity to exchange pleadings. 42. This Court is conscious of the legal position that in exercise of its jurisdiction under Article 226 of the Constitution of India, it must render complete justice. Such proposition stands established from the pronouncement of the Hon’ble Apex Court in 1995 (6) SCC 749 at Paragraph 23, which reads as follows: “23. It deserves to be pointed out that the mere fact that there is no provision parallel to Article 142 relating to the High Courts, can be no ground to think that they have not to do complete justice, and if moulding of relief would do complete justice between the parties, the same cannot be ordered. Absence of provision like Article 142 is not material, according to me. This may be illustrated by pointing out that despite there being no provision in the Constitution parallel to Article 137 conferring power of review on the High Court, this Court held as early as 1961 in Shivdeo Singh case that the High Courts too can exercise power of review, which inheres in every Court of plenary jurisdiction. I would say that power to do complete justice also inheres in every court, not to speak of a court of plenary jurisdiction like a High Court. Of course, this power is not as wide as which this Court has under Article 142. That, however, is a different matter.” 43. Furthermore, this Court finds that its interim directions in this WPST 86 of 2021 dated the 10th of August, 2022 have been complied with by the State respondents. The petitioner is currently discharging duties in his promotional post of ACMOH posted as Superintendent, Tufangunj Mental Hospital, Cooch Behar and also receiving his current regular salaries. 44. Furthermore, this Court finds that its interim directions in this WPST 86 of 2021 dated the 10th of August, 2022 have been complied with by the State respondents. The petitioner is currently discharging duties in his promotional post of ACMOH posted as Superintendent, Tufangunj Mental Hospital, Cooch Behar and also receiving his current regular salaries. 44. In the view of this Court, the State respondents cannot now do a volte face and argue that the Learned Tribunal be now directed to decide the self-same issue in respect of which the State has already released the current salaries of the petitioner at Tufangunj and the parties have extensively submitted their written and oral pleadings before this Court. 45. Since this Court is also the jurisdictional Court in terms of the law of the land competent to hear Tribunal applications in the nature of a WPST, the stand of the State respondents to remand the rest of the adjudication before the Learned Tribunal is unsustainable. 46. Additionally, implicit in the Order of the Learned Tribunal dated 10th September, 2021, the petitioner has been denied the reliefs although directed to be considered by the Order of the Hon’ble Court dated 20th July, 2021. In such view of the matter, the petitioner has the right to ventilate his cause before the appropriate jurisdictional Hon’ble Court. 47. In the backdrop of the above discussion and in the light of the above findings, WPST 86 of 2021 stands allowed. 48. A Writ of Mandamus be issued in terms of Prayers (b), (c), (d), (e), (f) and (g) of WPST 86 of 2022. 49. The Notification dated 10th of September, 2021 stands quashed. 50. The then CMOH, Alipurduar, being the Respondent No. 7 to WPST 86 of 2021, shall pay Costs assessed at Rupees One Lakh only - Rs. 50,000 to the petitioner and Rs. 50,000 to the High Court Mediation Committee, on and by 28th February, 2023. 51. In the light of the Judgment and Order passed above, OA No. 472 of 2020 stands also disposed of. 52. Parties shall be entitled to act on the basis of a server copy of this Judgment and Order placed on the official website of the Court. I agree - Supratim Bhattacharya, J.