ASHISH KUMAR TIWARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitions involve common questions of law, i.e. whether by Notification No. 214-SE dtd. 8/3/2018 issued by the School Education Department of West Bengal, the jurisdiction and authority of the West Bengal Board of Secondary Education ('Board') in respect of disciplinary proceedings against the two employee-writ petitioners stood extinguished. Consequently as to whether the order dtd. 5/9/2018 is legal or sustainable.

(2.) The brief facts relevant to the case are that the two employee-writ petitioners in WPA 2561 of 2020 and WPA 2562 of 2020 were teacher employees of Shree Balkrishna Vithalnath Vidyalaya (hereinafter referred to as 'school'). The teaching and non-teaching staff of the school receive Dearness Allowance (D.A.) from the State and the school is an aided school within the meaning of the West Bengal Board of Secondary Education Act of 1963 and the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969.

(3.) For acts and omissions complained of against the two employee- petitioners, disciplinary proceedings were instituted against them. The said proceedings comprised in show-cause notices, replies thereto of the two employee-petitioners, orders of suspension of the employee- petitioners, proposals for approval of suspension, charge sheets and enquiry reports.