CHINMOYEE PATTANAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Whether the petitioner should have been summoned by the learned Judge, Special Court, Tamluk vide order dated 21st of Jan., 2009 under section 319 Cr. PC in connection with Tamluk PS Case No. 138 of 2003 dated 06.11.2003 is the question involved in this application.

(2.) The prosecution case is as follows:

(3.) On appearance before the District Inspector of Schools (Secondary Education) Purba Medinipur, the petitioner could not produce his original copy of approval of appointment. He could only produce a xerox copy which would appear to be a copy of the office Memo No. 220-S dated 04.03.1998 but in it his name was interpolated in SI. No. 2 by deleting the name of one Sri Debangsu Das whose name originally existed which is evident from the original in SI. No. 2 of the said Memo No. 220-S dated 04.03.1998 and from the issue register of the office wherein the approval of appointment of Madhusudan Murmu and Debangshu Deis was approved as Assistant Teachers of Naikuri Thakurdas Institution. This was also observed in the enquiry report of the District Inspector of Schools (Secondary Education) Tamluk (now re-designated is District Inspector of Schools (Secondsiry Education), Purba Medinipur which was communicated to the petitioner under Memo No. 198- S/10 dated 03.01.2002. From the copy of the record as mentioned in SI. No. 5, it is revealed that the attendance register of the staff of the school from 1997 to 2000 was not found in the school and staff attendance register from 2001-2002 is kept in the office of the school. So, it was a surprise to note that the attendance register from 1997-2000, the major period of service of the petitioner is mysteriously not available in the school office. The Secretary of the school also could not produce the original copy of the approval of appointment of the petitioner. He stated that all office records are lying with the present teacher-in-charge of the School. The teacher-in-charge of the school did not appear before the District Inspector of schools (Secondary Education) Purba Medinipur, pursuant to the solemn order of the Honourable High Court though he was requested to appear before the District Inspector of Schools by the Secretary of the School. The District Inspector of school (Secondary Education), Purba Medinipur and the Secretary of the school tried to call the teacher-in-charge of the school from this office over telephone, but they failed to contact with him. Then the District Inspector of schools (Secondary Education), Purba Medinipur sent a special messenger to call for the Teacher-in-Charge of the School and he came to the office. The teacher-in-charge of the school stated that no original copy of the approval of appointment of Sri Suchintya Jana was in his custody. On the statements of the petitioner and counter statements of the Secretary and teacher-in-charge of the school, it is clear that they could not produce the original copy of the approval of appointment of the petitioner. There is no record in office that the approval of appointment to Sri Suchintya Jana, the petitioner, granted as Assistant Teacher of the School by the District Inspector of Schools Education/'Tamluk. Therefore, it was found that the petitioner is not an approved Assistant Teacher of the School and the xerox copy of the approval of appointment produced by the petitioner is fake. So the decision of the District Inspector of Schools (Secondary Education), Purba Medinipur to withhold the payment of the petitioner from Nov., 2001 and requesting the Secretary not to allow him to work in the school as Was communicated under Memo No. 19-S/10 dated 03.01.2002 and 56 dated 21.03.2002 respectively stood. Sri Ramkrishna Maity, Ex-Headmaster and the Secretary of the school submitted Grant-in-Aid application claiming the salary of the petitioner also for the period from November, 1997 to Feb., 2002 and pay statement/requisition upto Nov., 2001 and received the said amount upto Oct., 2001 in favour of Sri Jana. So it was decided to initiate charge against Sri Shyamalqndu Manna, Secretary and Sri Ramkrishna Maity, Ex-Headmaster of the school for misappropriation of Govt, money for paying salary to the petitioner against a fake approval of appointment in favour of the petitioner.