Calcutta High Court allows government doctor to resign from service to contest elections

The Calcutta High Court recently permitted a government doctor to resign from his job to contest the upcoming Lok Sabha 2024 elections [Dr Pranat Tudu vs State of West Bengal]. .Single-judge Justice Rajasekhar Mantha said that when any person seeks to contest an election to the post of a public representative, he is deemed to be a person seeking to represent the public at large.The Court was hearing a plea filed by one Dr Pranat Tudu, who was working as a doctor with the Jhargram Government Medical College and Hospital. He had resigned from his job to contest the Lok Sabha elections. However, the State government did not accept his resignation. He therefore, petitioned the High Court, seeking a directive to the State government to accept his resignation. However, the government pointed out that as per Clause 14 of the West Bengal Service Rules, the concept of public interest will have to be considered. "On the issue of public interest being the primary consideration under Clause 14, apart from the same being directory, this Court is of the view that when any person seeks to contest an election to the post of a public representative, he is deemed as a person seeking to represent the public at large. There is therefore, deemed public interest in a person seeking to contest in an election and to be a representative of the people," the judge observed in the order passed on March 22. .Further, the Court noted that Clause 14 disallows a government servant, who has availed study leave, from resigning from his job. It mandates the said government servant should refund the amounts spent on the said study leave.The bench however, opined that the adjudication of amounts under Clause 14 could be taken care of later. "This Court directs the authorities to accept the resignation of the petitioner within a period of 48 hours of all and any refund being made by the petitioner under Clause 14 of the Service Rules," the judge said. With these observations, the court disposed of the petition. .Advocates Billwadal Bhattacharyya, Sayak Chakraborti, Anish Kumar Mukherjee and Wrickbrata Roy appeared for the Petitioners. Senior Advocate Amal Kumar Sen and Advocate Ashima Das (Sil) represented the State. .[Read Order]