GANESH CHANDRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is an assistant primary teacher in a primary school situated under the District Primary School Council, South 24-Parganas. His grievance is non-consideration of his name for the post of Head Teacher of a primary school even after being empanelled by the concerned Council in terms of a memo dated 31st October, 2007. It is specifically contended by the petitioner that his name appears in the top of the panel. However, till date, he has not been given the appointment to the post of Head Teacher.

(2.) Learned Advocate appearing on behalf of the Council draws this Court's attention to the afidavit-in-opposition and submits that the reason why the writ petitioner has not been considered for the post of Head Teacher is that there has been several allegations made against him by several persons. In fact, he submits that the writ petitioner, who was performing his duties as Teacher-in-Charge, was relieved from his responsibilities and one Arun Kumar Chakraborty was appointed as Teacher-in-Charge in his place and stead.

(3.) On the other hand, learned Advocate appearing on behalf of the writ petitioner relies on certain observations made by the Supreme Court in Union of India v. K. V. Jankiraman, 1991 AIR(SC) 2010. Relying on Paragraph 6 of the said judgment he submits that if there were serious allegations against the writ petitioner, the proper course of action on the part of the Council would have been to initiate disciplinary proceedings against the writ petitioner and issue charge-sheet against him and, if required, suspend him from service. He submits that no such steps have been taken against the writ petitioner by the Council, till date. He submits that this goes to prove that the allegations made against the writ petitioner are unfounded and unsubstantiated and cannot stand in the way of his being considered for appointment to the post of a Head Teacher.