SUBAL CHANDRA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner an approved Assistant Teacher being placed in a permanent post of Raninagar Junior High School has challenged the order of suspension, the disciplinary proceeding and 2nd show cause notice on proposed punishment of dismissal and thereby has prayed for the following relief 's:

(2.) By the interim order dated February 11, 1994, Paritosh Mukherjee, J. (as His Lordship then was) allowed the Managing Committee to proceed with the departmental proceeding and to pass a final order, but restrained the said authority to communicate the final order without the leave of the Court. This writ application has been opposed by the Managing Committee of the School by filing affidavit. In their affidavit, it has been disclosed that the 2nd show cause notice proposing punishment of dismissal, which was the subject matter of the writ application, reached its finality by decision of the Managing Committee dismissing the, Petitioner from the service and the same was subsequently approved by the West Bengal Board of Secondary Education. In course of hearing, in view of the changed circumstances that the order of dismissal from service was approved and the same reached its finality, by the order dated May 16, 2002, the leave granted by me allowing the Petitioner to assail the order of dismissal which was disclosed in the affidavit -in -opposition. The Petitioner's subsistence allowance as was being enjoyed by the Petitioner, accordingly was stopped. By Supplementary Affidavit, Petitioner assailed the order of dismissal from service. This Court directed the Managing Committee to produce the records of the case for necessary satisfaction of this Court about performance of all the formalities as were required to complete the disciplinary proceeding of a teaching staff in terms of Rules of Recognized Nongovernmental Institute (Aided and Un -aided) Rules, 1969 hereinafter referred to as Management Rules of 1969 read with the Circular Letters issued by the concerned authority prescribing the procedures of such departmental proceeding. It has been frankly conceded by Mr. K.K. Maitra, learned Senior Advocate appearing for the School Authority namely Respondent Nos. 7 to 10, that departmental proceeding was not completed in terms of the settled law as passed by the Division Bench of this Court and subsequently confirmed by the Special Bench relating to departmental proceeding of teaching staff. From the records, it appears that the Petitioner though was served with the charge sheet but no formal enquiry was held and completed by appointing any Enquiring Officer, Only on the basis of the reply of such show cause notice filed by the Petitioner, the matter was adjudicated upon in the first stage by taking a decision to complete the departmental proceeding, which got its approval by West Bengal Board of Secondary Education hereinafter referred to as said Board,, In the second stage, in terms of the procedure of departmental proceeding applicable in the field, the same thing was repeated and ultimately the proposed punishment of dismissal was approved by the said Board, which ultimately culminated to a final order of removal of service by the resolution of the Managing Committee of the School. From the records itself it is ex -facie clear that the charges were not proved by examination of witnesses on allowing the Petitioner to cross -examine them and further Petitioner was not allowed to place his own witnesses in support of his case. No Enquiring Officer was appointed to complete the departmental proceeding. The relevant rules for initiation of departmental proceeding and to pass the order of dismissal of service is Rule 28(8) of the Management Rules, 1969, which reads thus:

(3.) By Notification No. S/607 dated Calcutta, the June 21, 1982 issued by the Secretary, West Bengal Board of Secondary Education, a procedure for sending the proposals for obtaining approval in respect of disciplinary proceeding against the member of the teaching and non -teaching staff - of secondary school was introduced, which reads thus: