Pranab Bhattacharya v. State Of West Bengal And ORS.

25.06.2025 Court No. 18 Item No. 13 (Suvendu) WPA 12018 of 2025 Pranab Bhattacharya -VersusThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury Ms. Shreyeta Mitra Ms. Pritha Biswas Mr. Subhodeep Maitra ........for the petitioner Mr. Avishek Prasad Mr. Sourodeep Singha ......for the WBCSSC Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ......for the WBBSE 1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

Challenge has been thrown to the order dated 21st January, 2025 whereby President, Ad-hoc Committee, West Bengal Board of Secondary Education being respondent no. 3 made certain directions one of which was to recommend Headmaster of the school for transfer to any other school within the district of East Medinipur with a word of caution that failure to mend his ways will invite suitable disciplinary action following due process taking into consideration conduct of the said

Headmaster. Observation made by respondent no. 3 while recommending transfer of the Headmaster goes to show that there was no formal initiation of disciplinary proceeding by the authority of the Board on issuance of charge-sheet.

In the event disciplinary proceeding would have been initiated and same was brought to logical conclusion by making findings against the said Headmaster it was open to respondent no. 3 to pass punitive order against the Headmaster. Merely on making certain adverse findings against functioning of Headmaster of a school respondent no. 3 is not empowered to make recommendation for transfer of that Headmaster since there is no statutory provision in this regard. Therefore part of the order of respondent no. 3 dated 21st January, 2025 whereby petitioner was recommended for transfer to another school as Headmaster stands set aside. However, rest of the order dated 21st January, 2025 remains unaltered.

3.

Concerned authority of the Board shall be at liberty to initiate appropriate proceeding against the petitioner in the event it is found same is required considering functioning of the petitioner as Headmaster.

4.

Writ petition stands disposed of.

5.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)