Sunita Sharma v. The State Of West Bengal And ORS.

20.08.2024 Item No.14 Court No.18.

S. De W.P.A. 18367 of 2024 Sunita Sharma.

Vs.

The State of West Bengal & Ors.

Mr. Ranajit Chatterjee, Mr. Aniruddha Mitra, ...for the petitioner.

Mr. Anjan Bhattacharyya, ...for the respondent no.7.

Mr. Sunny Nandy, Ms. Oindrila Ghosal, ...for the respondent no.6.

Mr. Kunal Gangully, ...for the W.B.B.S.E.

Mr. Bhaskar Prasad Vaisya, AGP, ...for the State.

The writ petition is taken up for hearing pursuant to the order dated July 30, 2024.

A report in the form of affidavit has been filed on behalf of West Bengal Board of Secondary Education and the same is taken on record.

A copy of the report has also been made over to Mr. Chatterjee, learned counsel representing the petitioner.

On perusal of the report, it appears that in terms of the leave granted by the Hon'ble Division Bench vide orders dated 26th May, 2022 and 19th July, 2023, steps have been taken by the Board and a showcause notice has been issued to the respondent no.7

vide Memo No.DA/485/2024 dated 16.07.2024 based on the enquiry report furnished by the District Inspector of Schools (SE), Hooghly, dated 30th January, 2024 and another report furnished by the Commissioner of School Education, West Bengal vide Memo dated 8th July, 2024. It is also stated in the report that the Board has received reply from the respondent no.7 in response to the show-cause notice dated 16th July, 2024. Board shall be at leave to take appropriate steps in terms of the leave granted by the Hon'ble Division Bench against the respondent no.7. Another striking feature so far as the present case is concerned is transfer of the petitioner from his present school to Kanchrapara Janata High School, District-North 24-Parganas vide transfer order dated 29th July, 2024. The learned advocate representing the petitioner submits that based on this transfer order dated 29th July, 2024, the petitioner has already joined the post in Kanchrapara Janata High School, District- North 24-Parganas.

Therefore, it appears that today the petitioner is, no way, connected to Telinipara Mahatma Gandhi Vidyapith High School (H.S.), District-Hooghly, from which school, the petitioner has already been transferred to another school.

Therefore, no further order need be passed on this writ petition in consideration of the grievance

ventilated by the petitioner with regard to initiation of proceedings against the respondent no.7. Question would have been different had the petitioner been an Assistant Teacher of Telinipara Mahatma Gandhi Vidyapith High School (H.S.), District-Hooghly. Accordingly, the writ petition being W.P.A. No. 18367 of 2024 stands disposed of.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis, on compliance of all formalities.

(Saugata Bhattacharyya, J.)