Jharna Sardar v. State Of West Bengal And ORS.

S/L 27 14.03.2022 Court No.24 SD WPA 2369 of 2022 Jharna Sardar Vs.

The State of West Bengal & Ors.

Ms. Soma Sarkar ... for the Petitioner.

Mr. Malay Singh Ms. Neelam Singh ... for the State.

Mr. Bhaskar Prasad Vaisya Mr. Pinaki Bhattacharya ... for the Respondent No.3.

Affidavit of service filed in Court today be taken on record.

The petitioner is a teacher of a primary school. She was issued a show cause letter for unauthorized absence on January 11, 2022. The show cause letter mentions that the petitioner was absent without any intimation with effect from September 27, 2021. She has been asked to show cause as to why her salary will not be stopped for the unauthorized absence.

The petitioner claims that on January 19, 2022 she replied to the show cause. The said letter was sent through speed post.

The petitioner alleges that her reply to the show cause has not been considered by the respondent authority till date.

As it appears that the reply to the show cause given by the petitioner is yet to be considered by the respondent

authority accordingly, the instant writ petition is disposed of by directing the respondent no.2 being the Sub-Inspector of Schools, Hingalganj Circle, North 24-Parganas to take a decision in the matter strictly in accordance with law, at the earliest, but positively within a period of four weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of considering the reply filed by the petitioner. The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

(Amrita Sinha, J.)