Jyotirmoy Basu vs West Bengal Board Of Secondary

Mr. Soumya Majumder, Ms. Sanjukta Dutta ... for the petitioner. Ms. Koyeli Bhattacharya ... for the Board.

Affidavit of service filed by the petitioner be

kept on record. No one appears on behalf of the

State respondents and the school authorities.

Drawing the attention of this Court to the

averments made in paragraph 13 of the writ

petition, Mr. Majumder, learned advocate

appearing for the petitioner submits that the

subsistence allowance, due and payable to the

petitioner, has been illegally withheld. Such fact

was intimated to the teacher-in-charge of the

Margram High School (in short, the said school) by

a letter dated 15th October, 2020 but no steps

have been taken.

He further submits that the petitioner was

appointed to the post of Headmaster in the said

school) on 24th May, 2007. On 26th March, 2019 he

was asked to appear for a hearing before the West

Bengal Board of Secondary Education (in short, the 2

said Board). On the said date the petitioner duly

appeared and a decision was taken by the

disciplinary authority to suspend him from service

with immediate effect. The said decision was

communicated to the petitioner vide memo dated

26th March, 2019.

Drawing the attention of this Court to Rule

6(3) of the West Bengal Board of Secondary

Education (Appointment, Confirmation, Conduct

and Discipline of Teachers and Non-Teaching Staff)

Rules, 2018 [in short, the said Rules], Mr.

Majumder submits that as no disciplinary

proceeding has been initiated within 90 days, the

petitioner should be allowed to resume his duties.

Ms. Bhattacharya, learned advocate

appearing for the Board denies and disputes the

contention of the petitioner and submits that the

writ petition has been preferred primarily praying

for disbursement of subsistence allowance. No

representation has been submitted by the

petitioner to the disciplinary authority praying for

any order towards resumption of duties. In view

thereof, the allegation as levelled against the

disciplinary authority is not sustainable.

Indisputably, the order of suspension has

been issued on 26th March, 2019. The said order

refers to a correspondence of the respondent no. 3 3

dated 15th February, 2019. No disciplinary

proceeding has yet been initiated against the

petitioner.

A perusal of Rule 6(3) of the said Rules

reveals that in the event no disciplinary

proceeding is initiated within 90 days from the

date of receipt of the investigation report, the

concerned teacher may be allowed to resume his

duty subject to the condition that such joining of

the teacher will not hamper the normal running of

the institution.

In my opinion, the petitioner's claim towards

resumption of duty needs to be considered by the

disciplinary authority since no disciplinary

proceeding has been initiated against the

petitioner within the time period as specified under

Rule 6(3) of the said Rules.

In view thereof, the writ petition is disposed

of with liberty to the petitioner to submit a

representation to the disciplinary authority, being

the respondent no.2, with a prayer to allow him to

resume his duties, within a period of two weeks

from date.

In the event such representation is

submitted, the respondent no.2 shall consider the

same, upon granting an opportunity of hearing to

the petitioner and the school authorities and to 4

take a decision, in accordance with law and to

communicate the same to the petitioner, within a

period of four weeks thereafter.

The authorities of the said school are also

directed to disburse all arrears of subsistence

allowance, if any, due and payable to the

petitioner within a period of two weeks from the

date of communication of this order, subject to

compliance of necessary formalities, if any, by the

petitioner. The petitioner shall also be paid his

monthly subsistence allowance.

There shall, however, be no order as to

costs.

Urgent photostat certified copy of this order,

if applied for, be given to the learned advocates

for the parties upon compliance of all necessary

formalities.

(Tapabrata Chakraborty, J.)