ANJANA DUBEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the writ petition, the petitioner, who was the Teacher-in- charge of Arya Kanya Maha Vidyalaya (Higher Secondary) (for short the "said institution"), has challenged the notice dated 7th May, 2005 whereby the said institution proposed to hold a departmental enquiry against her and the notice dated 1st August, 2005 whereby the Administrator of the said institution intimated that the Headmaster of Kumar Ashutosh INstitution for Boys, Dum Dum, had been appointed Enquiry Officer to enquire into the charges levelled against her and to submit an enquiry report. It is to be noted that on 25th, September, 2001 an Administrator was appointed over the said school.

(2.) ACCORDING to the petitioner, on or about 12th September, 2001 while she was the Teacher-in-Charge, she received a notice that the Managing Committee of the said Institution had passed resolution on that day discharging her service and had directed to hand over the charge of the school to its Secretary. Thereafter, the petitioner received a notice dated 2nd January, 2002 from the Administrator directing her to show cause why she did not hand over the bank cheque books, fixed deposit certificate and the keys. The petitioner, by letter dated 16th January, 2002, replied. On 27th May, 2002 the petitioner made a representation to the West Bengal Board of Secondary Education against the order of dismissal dated 12th September, 2001 with a prayer for a direction upon the Administrator to allow her to resume duties. Thereafter, from the sequence of events, it appears that the petitioner filed a writ petition being W.P.No.1715 of 2002, challenging the notice dated 2nd January, 2002. The said matter was disposed of on 22nd January, 2004 by granting liberty to the petitioner to prefer appeal before the Director of School Education, West Bengal, against the order of dismissal dated 12th September, 2001 in terms of Rule 12(2) of the Special Rules for the management of the secondary schools established and run by Arya Samaj and it was directed in the event such appeal was filed, the Director was requested to dispose of the same preferably within two months from the date of filing such appeal. It was recorded in the said order that since the petitioner had crossed the age of superannuation, she was entitled to have the provident fund to which she was entitled to in accordance with law.

(3.) SO far as the first question is concerned, it is evident that the school authorities had issued a show cause notice dated 28th August, 2001 by which she was directed to give reply within seven days, and by letter dated 12th September, 2001 had terminated her service. Thereafter, criminal case alleging misappropriation of funds by the petitioner was initiated and it is continuing. SO far as the departmental proceedings are concerned, I find that the petitioner had challenged the same by filing a writ petition being W.P. No. 1715 of 2002, which was disposed of by directing the Director of School Education, West Bengal to decide which, as noted, was decided by an order dated 24th March, 2005. Pursuant thereto, the school authorities issued the impugned notices dated 7th May, 2005 and 1st August, 2005. The question is, whether the impugned notices dated 7th May, 2005 and 1st August, 2005 were in continuation of the earlier departmental proceedings. In order to decide the issue, the tenor of the orders passed by the authorities have to be scrutinised. Admittedly by notice dated 12th September, 2001, the petitioner was dismissed from service. That the earlier proceedings initiated in the year 2002 had come to an end is evident from the tenor of the order passed by the Director wherein it was observed that until and unless that case is finalized, and corruption charges are established, a permanent employee cannot be dismissed simply on accusation, and it was observed therein that in case of dismissal, articles of charges have to be framed and forwarded to the delinquent and opportunity must be given to the delinquent for defending herself. That order of the Director of School Education, West Bengal, was not challenged before any forum. Thereafter, pursuant to the order passed by the Director, as it appears from the impugned intimation dated 7th May, 2005 the school "proposed to hold a departmental enquiry" mainly on the ground that the petitioner on and from 1st September, 1999, acting as Teacher-in-charge had committed a grave misconduct and negligence resulting in huge monetary loss to the Institution. Therefore, it is evident from the language of the notice dated 7th May, 2005 that all earlier proceedings including the proceedings initiated by show cause notice dated 2nd January, 2002, were given a go-by and the departmental proceedings were initiated afresh.