ANITA CHAKRABORTY Vs. UNIVERSITY OF GOUR BANGA

JUDGEMENT

(1.) The Petitioner, Dr. Anita Chakraborty has, inter alia, prayed for setting aside and quashing the Notice dated 14.11.2011 issued by the Administrator of the Chanchal College, Malda (Respondent No. 5), informing the Petitioner that in order to conduct an impartial enquiry, she would no longer be the Teacher-in-charge with effect from 16.11.2011 and that she should submit all necessary documents of the College (Cheque Book, Bank Pass Book, keys of the Almirahs and other necessary relevant papers) to one Gahul Amin, Assistant Professor in Physics (Respondent No. 6) on or before 16.11.2011.

(2.) The short facts, as pleaded, are that on 1.3.2009, the Petitioner was appointed as Teacher-in-charge of the said College vide letter dated 28.2.2009 as contained in Annexure-P/1. She has stated that since the date of her appointment as Teacher-in-charge, she found out that the accounts of the College were not being maintained by the Accountant in the Books of Accounts and as such, on 22.3.2009 and 13.9.2009, she sent letters to the Accounts Department asking for the Books of Accounts so that the accounts of the College could be maintained. She also requested the Accountant to give details of the Bank Accounts to her. These letters have been enclosed as Annexure P/2 in the Writ Petition.

(3.) It appears that one non-teaching staff of the College, namely Montulal Oraon, filed a Writ Petition being W.P. No. 17342 (W) of 2009 praying, inter alia, for a direction upon the College authorities to allow him to resume his duties. It appears, as has been stated in para-5, that an Order was passed on 9.4.2010 by which the authorities were directed to allow Mantulal Oraon to resume his duties as Generator Attendant of the College. The said Order, according to the Petitioner, was complied with by the Petitioner as, at that time, she happened to be a Teacher-in-charge of the College. Thereafter, Mantulal Oraon filed another Writ Petition being W.P. No. 23953 (W) of 2011 wherein he prayed for a direction upon the College authorities for release of his arrears and current salaries. That Writ Petition was also disposed of by this Court directing the Director of Public Instructions to take a decision on the Petitioner s representation after giving him an opportunity of hearing. Subsequently an Order was passed on 12.4.2011 (Annexure-P/3) by the Director of Public Instructions directing regularization of his unauthorized absence (of the said Mantulal Oraon) by sanctioning extraordinary leave without pay as per provisions of the Statutes of the University.