SABYASACHI SENGUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON the recommendation of the School Service Commission vide letter dated 30th March, 2010, the petitioner was appointed as Headmaster in Birendranagar High School on 4th May, 2010. Admittedly, at the time of his appointment he could not submit certain documents, namely, (i) release order, (ii) last pay certificate and (iii) acceptance of his letter of resignation by the former school viz. Patharmora High School (H.S.) where he was employed earlier. The petitioner was repeatedly called upon by his present employer for submission of those documents as those documents were necessary for regularizing the appointment of the petitioner in the said school.

(2.) AS a matter of fact, those documents could not be produced by the petitioner as the school authority of Patharmora High School (H.S.), Bankura, did not supply those papers to the petitioner, despite order was passed by a learned Single Judge of this Court on 22nd March, 2010 in W.P. No. 6359(W) of 2010 for issuance of those papers to the petitioner.

(3.) MR. Sen, learned Advocate, appearing for the respondent nos. 7 and 8, refuted such submission of Mr. Chatterjee by submitting that a person against whom a criminal case is pending, cannot be considered for appointment as Headmaster in this school. In support of his submission he relied upon a decision of the Hon'ble Supreme Court in the case of State of West Bengal & Ors. vs. Sk. Nazrul Islam; reported in AIR (2012) SC 160. He further submitted that since the offence for which the said criminal case was initiated against the petitioner is non-compoundable offence, the said criminal case even cannot be withdrawn by the former employer of the petitioner. Thus, by relying upon the aforesaid decision of the Hon'ble Supreme Court he submitted that no interference is necessary with the order of the revocation of the petitioner's appointment in the facts as stated above.