SOMA DAS(MALLICK) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is the third round of litigation wherein the writ petitioner has approached this Court against the disciplinary proceedings that has been initiated against the petitioner. By an order dated March 9, 2016 a coordinate bench of this Court had set aside the termination letter dated September 29, 2012 issued by the School authority against the petitioner and directed the Managing Committee of the School to conduct disciplinary proceedings de novo in accordance with the Rules of Management of Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to as 'Management Rules').

(2.) Accordingly, fresh charge sheet was filed against the petitioner to which the petitioner gave a reply. The petitioner also appeared before the Enquiry Officer appointed by the School authorities and made her submission therein. Subsequently, after a month the petitioner wrote a letter to the School authority complaining against the mode of conducting the enquiry by the Enquiry Officer.

(3.) After the enquiry, it is an admitted position that the enquiry report was never given to the petitioner. Instead of the same, all the papers were forwarded by the School authorities to the West Bengal Board of Secondary Education to grant approval for the first stage proceedings under the Management Rules. The petitioner submitted a written submission before the Board and the Board thereafter took a decision approving the first stage proceedings. This order passed by the Board dated December 22, 2016 is under challenge before me.