SAMBHU NATH METIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON 25th January, 2010, the Managing Committee of Kelomal Santoshini High School in the District of Purba Medinipur, adopted a resolution proposing to hold a proper and regular disciplinary proceeding against the petitioner who is the suspended Headmaster of the said school. Pursuant to the said resolution a charge-sheet dated 17th April, 2010 containing several charges was served upon the petitioner. The petitioner was called upon to submit his written statement of defence to the Secretary of the said school within a fortnight from the date of the receipt of this charge-sheet with a rider that if he does not submit his written statement of defence within the specified period, the school authority will hold an inquiry against him on receipt of the Boards approval at the first stage.

(2.) THE petitioner felt aggrieved and as such he filed a writ petition being W.P. No. 10579(W) of 2010 before this Court challenging legality and validity of the said charge-sheet issued by the Secretary of the said school. THE said writ petition was disposed of by a learned Single Judge of this Honble Court on 16th September, 2010 without entering into the dispute as to whether the charge-sheet was legal, proper and valid in the eye of the law or not. His Lordship made it clear that the said question regarding legality and validity of the said charge-sheet was left open to be considered at a latter stage, if at all based thereon any penal action is taken against him.

(3.) THE petitioner has been under suspension for quite some time. It is in his best interest that the disciplinary proceedings come to an end at an early date. Since the petitioner is due to retire in November, 2011, the disciplinary proceedings must be brought to its logical conclusion at an early date.