SHYMAPADA MONDAL Vs. STATE OF W B

JUDGEMENT

(1.) On November 17, 1971, the writ petitioner was appointed as primary teacher in Rahimtola Primary School in the district of Malda. Subsequently, he was transferred to Dharampur Primary School under the same district.

(2.) On June 1 st, 1974, a criminal case was initiated at the instance of the District Inspector of School (Primary Education), Malda as against the writ petitioner on the allegation that he obtained employment by producing fake certificate. On April 21, 1976, he was placed under suspension. Ultimately, he was discharged from Service on June 22, 1977. However, no regular departmental proceeding was had as against the writ petitioner by the Primary School Council.

(3.) On January 28, 1998, after about 22 years of initiation of the said criminal proceeding, the writ petitioner was acquitted by the Chief Judicial Magistrate, Malda from the said criminal case on the ground that the prosecution failed to produce any witness in support of the complaint case. The concerned Magistrate expressed grave concern as to how the writ petitioner was harassed by the prosecution. After the order of acquittal the writ petitioner approached the Primary School Council for giving back his job. The Primary School Council remained silent. Hence, this writ petition.