SUBRATA BIKASH DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD learned Sr. counsel Mr. S. M. Chakraborty assisted by learned counsel Ms. P. Chakraborty for the petitioner and learned counsel Mr. B. Banerjee for the respondents.

(2.) PETITIONER 's case in short, is that, he was given offer of appointment for the Post of graduate teacher on fixed pay of Rs. 7060/ - per month. He accepted the offer and submitted his acceptance by submitting attestation forms with all required documents. Thereafter, respondent No. 2 by Memo dated 10th May, 2010 (Annexure -2 to the writ petition) issued letter of appointment to the post of graduate teacher with place of posting to the petitioner and similar many others. As per the posting order, the petitioner joined his duties in Fulbasidas para High School, Teliamura on 24.05.2010. He was thereafter discharging his duties as a graduate teacher in the said School. All on a sudden, he received a show cause notice dated 11.06.2010 (Annexure -5 to the writ petition) from the respondent No. 2 asking him to show cause as to why his appointment and posting order should not be cancelled alleging that he did not accept the offer of appointment and did not submit relevant documents as required by the offer of appointment. He was given 5 days time to submit his response. Immediately, he submitted his response on 16.06.2010 stating that he has accepted the offer and submitted all necessary documents with attestation forms and that his attestation forms etc. might be displaced in the Education Department and he requested for allowing him to continue his job. Respondent No. 2 on receipt of his reply by impugned Memo dated 02.07.2010(Annexure -7 to the writ petition) cancelled the letter of appointment and posting with immediate effect and hence, having felt aggrieved, the petitioner filed the present writ petition praying for setting aside/quashing the show cause notice (Annexure -5 to the writ petition) as well as Memo dated 02.07.2010 (Annexure -7 to the writ petition) and further prayed for directing the respondents to reinstate the petitioner as a graduate teacher.

(3.) MR . Chakraborty, learned Sr. counsel has submitted that the petitioner received the offer of appointment. He had no reason to refuse the offer of appointment and had no reason in not submitting the attestation forms with documents. He has submitted his attestation forms with documents to the department within the stipulated time and offer was accepted by the department and after acceptance, it is to be presumed, the department issued the order of appointment with place of posting and the petitioner accordingly joined the post on 24.05.2010 at Fulbasidas Para High School, Teliamura. He was given a show cause alleging that he did not accept the offer and did not submit the attestation forms and other documents. He denied the allegation and thereafter no inquiry was made on the issue and suddenly the offer of appointment has been cancelled. The action taken by the respondent no. 2 was arbitrary, harsh and against the principles of natural justice and hence, liable to be interfered and quashed.