(1.) In this present writ petition under Article 226 of the Constitution of India the writ petitioner has prayed for an order for not giving effect to the letter of termination dtd. 28/6/2021, as issued by the Commissioner of respondent no.3, Howrah Municipal Corporation (hereinafter referred to as the 'Corporation' in short) and at the same time she has prayed for an appropriate order to reinstate her at the post from where she was terminated.
(2.) The facts leading to filing of the instant writ petition in short is as under:-
(3.) In support of the instant writ petition learned advocate for the writ petitioner submits that in the impugned letter of termination dtd. 28/6/2021 a filmsy reason has been assigned by the respondent no.3/Corporation that since the tenancy of the flat where the said academy was operating had come to an end, the said academy would cease to operate and function any further and accordingly the service of the writ petitioner was no more required. Drawing attention of this Court to the affidavit-in-opposition as filed on behalf of the respondent nos. 3, 4 and 5, it is argued that in the said affidavit-in-opposition of the Corporation it has been admitted that the said academy is still functioning at 14, Gopal Lal Chakraborty Lane, Bureau No. V. Placing his reliance upon the supplementary affidavit as filed by the petitioner, it is contended that the other staff who were attached to the academy had already been accommodated to the other offices of the Corporation which would be evident from the Annexures to the said supplementary affidavit. It is thus argued that the respondent Corporation and its authorities had taken a double stand which is not permissible in the law. It is thus argued that appropriate orders may be passed in terms of the prayer of the writ petition.