MANTURAM SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, on the recommendation dated August 14, 2012 of the West Bengal College Service Commission (hereafter the Commission), was offered appointment as Principal in Maharaja Manindra Chandra College (hereafter the College) by the Administrator thereof vide his letter dated August 17, 2012. The offer of appointment reveals that the petitioner would be on probation for a period of one year and that his probation, confirmation in service and other conditions of service would be guided by the West Bengal College Teachers (Security of Service) Act, 1975 (hereafter the Act) and the rules framed thereunder as well as Government orders and rules and statutes of the University of Calcutta (hereafter the University).

(2.) The petitioner accepted the offer of appointment and joined on August 24, 2012 (afternoon) on retention of two years lien on the substantive post of Associate Professor in Prasanta Chandra Mahalanobis Mahavidyalaya, Bonhooghly, Kolkata, held by him. In terms of Section 5 of the Act, a teacher appointed against a permanent vacancy shall be on probation ordinarily for a period of one year and such period may, at the discretion of the Governing Body of the concerned college, be extended for a further period not exceeding one year. Immediately before the petitioner completed his period of probation, the President of the Governing Body of the College, respondent no.5, by his letter dated August 22, 2013 advised the petitioner to convene an emergency meeting on August 23, 2013 at 11 A.M. to consider the issue of confirmation of his service as the Principal of the College. The petitioner complied with such advice immediately and convened a meeting on the following day. It is alleged by the petitioner that the President of the Governing Body circulated amongst the members thereof a resolution that had been prepared by him before hand to the effect that the petitioner's service would not be confirmed and that his probation would continue for another year. The meeting that followed, according to the petitioner, was nothing but a show of a meeting; however, having regard to the dissent expressed by him, the President in his own hand writing made additions and alterations to the prepared resolution by recording the petitioner's note of dissent and the number of members present. The resolution, as per the prepared version, was that the petitioner was required to be reported against for proper enquiry by the Vice-Chancellor of the University (hereafter the VC), respondent no.8, and the Director of Public Instructions, Government of West Bengal (hereafter the DPI), respondent no.3, for his "year-long academic and financial laches" in administration, and that he would not be confirmed in service until decision comes from the VC and the DPI, whichever is earlier. In terms of the resolution adopted in the Governing Body meeting conducted on August 23, 2013, the same was furnished to the DPI as well as the VC by the petitioner by separate forwarding letters dated August 27, 2013.

(3.) Prof. Swagata Sen, Dean, Faculty Council for Post Graduate Studies in Commerce, Social Welfare & Business Management of the University (hereafter the Dean) had been entrusted by the VC by an order dated August 23, 2013 to conduct a preliminary enquiry into the issues raised by the President of the Governing Body of the College. How the issues raised by the President reached the VC shall be adverted to later. The Dean interacted with the petitioner as well as with certain officials of the College, not in the petitioner's presence. Documents considered relevant for the enquiry were also looked into. Based on alleged admissions of the petitioner, a report of enquiry dated November 12, 2013 was prepared by the Dean and despatched to the Registrar of the University on November 12, 2013. Portions of the enquiry report are quoted hereunder: