KALPANA BISHUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner who was appointed as Principal on 12th December, 1974 by the President, Governing Body, victoria Institution has come up with this writ application challenging the letter issued by the President, Governing Body, of the said institution on 27th January, 1981. whereby the petitioner was directed to vacate the house occupied by her in the campus of the Institution as also to hand over the charge of administration of the college to Professor R. C. Munshi forthwith and to proceed on leave with full pay as per rule pending further action to be taken after a thorough enquiry into the whole affairs.

(2.) THE facts of the case in short is that the petitioner was selected by the government of West Bengal as an empanelled candidate for the post of Principal of this college which is a sponsored college and she was given appointment in the post of Principal of the college by the Governing body in December, 1974. It has been stated that the petitioner has been working in the said post of Principal since then without any blemish. But for some time past the relationship between the petitioner and respondent no. 4 had been deteriorating on the failure on the part of the petitioner to subscribe to the illegal activities of the respondent No. 4, who is the Joint Secretary, of the Governing Body of the said institution. It has been stated that the respondent No. 4 asked the petitioner to pay Puja relief and ex- gratia allowances amounting to Rs. 220/- per year to each of the non-teaching staff of the college from the development fund without any approval of the Director of Public Instruction-respondent No. 2. The petitioner did not agree to the said proposal and as a result the respondent no. 4 became very much inimically disposed of towards the petitioner the petitioner made representation before the respondent no. 2 and this created a serious discord between the petitioner and the respondent no. 4. The respondent no. 4. in order to get rid of the petitioner, it has been stated, got an order issued by the president of the Governing Body of the said)college, the respondent no. 3, sometime on 20th July, 1980 whereby the petitioner was directed to hand over the charge of the office of the Principal to Shri R. C. Munshi, a senior-most Professor of this college in order in maintain its normal functioning with effect from 28th July, 1980. A copy of the said order was sent to the respondent no. 2 and the respondent no. 2 immediately enquired of the respondent no. 3, the President of the Governing Body to intimate him about the situation which prompted him to take such a drastic action against a confirmed Principal of a college. It has also been stated in the said letter that on receipt of the said reply the matter would be investigated by the Education Directorate pending which the Principal should be allowed to continue. On receipt of this letter it is stated that the said order was not given effect to. Thereafter on 27th January, 1981. the respondent No. 3 made the impugned order asking the petitioner to vacate the house in the campus occupied by her and also to leave the administration of the college with Professor R. C. Munshi forthwith and to proceed on leave with full pay as per rule pending further action to be taken after a thorough enquiry into the petitioner's affairs. The petitioner on receipt of this order/letter from the President of the governing Body made a representation stating inter alia that allegations which have been levelled against her in this letter are all baseless and unfounded and she was subjected to great injustice and ignominy for the last two years for which she craves for justice. It has also been denied by her that she was in any way connected with the disfiguring of the walls of the college by posting objectionable poster by the non-teaching staff or in the matter of raising objectionable slogans against the authorities of the college. It has also been stated that one of the conditions of her appointment as Principal in this college was the allotment of free quarter to her in consideration of the illness of her husband. The order that was issued to her, it has been stated, was wholly illegal and beyond jurisdiction violating the principles of natural justice and as such the respondent no. 3 was requested to withdraw the said direction contained in the said letter and to allow her to work as Principal as before. No reply was given to the said letter of the petitioner. Therefore the petitioner was compelled to come before this Court with this Writ application.

(3.) IT has been submitted that the impugned order is wholly illegal and unwarranted inasmuch as the petitioner's service cannot be terminated nor can she be compelled to leave Principal's quarter or to take leave of her office as she is entitled to get protection under The West Bengal College teachers ( Security of Service ) Act, 1975 (West Bengal Act XXXVI of 1975 ). It has been further submitted that the impugned order is in the nature of penalty and the same cannot be imposed except in accordance with the procedure laid down in the above Act. The impugned order, it has been submitted, is also bad as the petitioner was not given any opportunity of hearing before issuance of the said order. This rule was issued and an interim order was made restraining the respondents from giving effect to the order as well as from interfering with the duties of the petitioner as Principal of the college for a period of three weeks with liberty to pray for extension of the interim order on this application upon notice to the respondents. This interim order was extended till the disposal of the Rule by an order dated 18th February, 1981.