ASHA GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner's allegation is that her service as a teacher has been terminated by the school without issuing any show cause notice to her and without conducting any disciplinary proceeding. However, in a letter of the school, which is the reply to the letter of the learned advocate for the petitioner, the school has mentioned several allegations as to the performance of the petitioner.

(2.) The teacher was a contractual teacher and working in the school since 2010 i.e. last 11 years. It has been submitted before me on behalf of the petitioner that during this 11 years no allegation was made against her by the school authority. The school authority has terminated her service without following the principles of natural justice. The school authority in the reply given to the learned advocate for the petitioner (referred above) has written, inter alia, "since she was not physically present or desired to do so, her termination letter could not be handed over to her. This is why she was asked to submit her resignation so that her dues could be settled." This court is surprised by the emperor like dictatorial attitude of the school.

(3.) Perhaps the school authority thinks that they are running a barony in the form of a school in the education system and they are not required to follow the fundamentals of law before terminating a teacher or any other staff.