ARNAB BANDYOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner by preferring this writ petition has challenged the order of dismissal from service served upon him by the respondent No.7, the Secretary, Managing Committee, Dayanand Vidyalaya, Asansol, Paschim Bardhaman. The petitioner states that he completed his B.SC (Honours) degree from the University of Burdwan in 1995. Thereafter, he completed his Bachelor of Library & Information Science (B.Lib. & I.Sc) from Mats University vide Roll No. 9111311500 and mark-sheet No. 001780/12-13 in June-July, 2013. Having requisite qualification to be appointed as Librarian, the petitioner applied for appointment to the post of the Librarian of Dayanand Vidyalaya to its Managing Committee. He participated in the selection process and being successful he was appointed as a Librarian in H.S. Sec. of the school on probation for a period of one year on a salary of Rs.7100.00 as basic pay per month in the scale of PB-3, Rs.7100.00 37600 + Grade pay Rs.3900.00 plus allowances as admissible under the Government Rules subject to the terms and condition laid down in the school code applicable to aided schools. The Additional District Inspector of Schools (S.E) approved the appointment of the petitioner and passed order of retention.

(2.) Since the appointment the petitioner rendered service as Librarian with sincerity and honesty. It may be noted that the Additional District Inspector of Schools (S.E), Asansol, District -Burdwan vide Memo dtd. 26/9/2016 sanctioned additional post of Librarian in favour of the said school in terms of Memo dtd. 3/10/2007 and Government Order dtd. 8/6/2007 and this post was retained until further order considering the roll strength of the school. The appointment of the petitioner as Librarian was confirmed after completion of two years of continuous service considering the satisfactory service rendered by him.

(3.) The present Managing Committee of the school after taking charge raised a number of vague allegations against the petitioner with an ulterior motive to remove him from the post of Librarian. With such ulterior motive, the Secretary of the school issued a show cause notice dtd. 12/9/2019 to him asking him as to why legal action would not be initiated against him as per the verification report of Global Open University, Nagaland vide their letters dtd. 23/10/2018 and 4/2/2019 whereby his certificate of B.A in Library and Information Science was found to be fake. The petitioner by a letter dtd. 21/9/2019 sought for time to respond to the show cause notice. Allowing his request the Secretary by an another Memo dtd. 1/10/2019 asked reply of the petitioner on the verification report furnished by Global Open University, Nagaland. By a letter dtd. 18/10/2019 he again sought for time on the ground that he was out of station for treatment of his father-in-law.