SEPHALI (KARAN) JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner seeks a direction on the school authority for issuing a "No Liability Certificate" in favour of the petitioner and for submitting the relevant papers to the concerned authorities for release of the petitioner's retirement benefits, including pension, provident fund and gratuity.

(2.) The petitioner retired from service on 31st December, 2016 as the Headmistress of Tikashi Kshirod Chandra Balika Vidyalaya (High School), Purba Medinipur. The petitioner's main grievance is against the present Teacher-in- Charge (TIC-respondent no.5) of the said school who took charge of the school on the retirement of the petitioner. The case of the petitioner is that despite handing over the relevant records to the TIC on 4.45 p.m. on 31st December, 2016 with a detailed list of assets and several requests made thereafter to the TIC and the Administrator of the school, the petitioner was not given the "No Liability Certificate".

(3.) Learned counsel for the petitioner submits that a General Diary Entry was lodged by the petitioner on 27th May, 2011 for theft of certain articles from the school. A missing General Diary Entry dated 19th September, 2016 was also lodged in the concerned Police Station, by the petitioner for valuable records which could not be found in the school. According to counsel, the petitioner also made repeated requests for issue of the "No Liability Certificate" before the ADI as well as to the Treasury Officer at Contai but did not receive any favourable response from them. The petitioner, on the other hand, received a letter from the TIC dated 11th April, 2017, requiring handing over of all necessary documents concerning the management of the school to the TIC, which was replied to by the petitioner by a letter dated 15th April, 2017, including a statement of items which were handed over to the TIC on 31st December, 2016, the date when the petitioner retired from the school. Counsel relies on an order passed by a learned Judge of this court dated 28th November, 2017, suggesting that the petitioner and the school authorities should amicably sort out the matter. Counsel submits that the petitioner thereafter went to the school on 4th January, 2018 in pursuance of the said order. On 13th March, 2017, the TIC initiated criminal proceedings against the petitioner for certain assets and documents of the school not being produced and handed over to the petitioner. Counsel further relies on an order passed by another learned Judge of this court dated 23rd July, 2018 directing the school authority to produce the Resolution by which the TIC was authorised to initiate criminal proceedings against the petitioner and a statement of the TIC to the effect that there is no such Resolution of the Administrator of the school for lodging a written complaint against the petitioner before the Officer-in-Charge.