Gita Naskar v. State Of West Bengal And ORS.

15.01.2025 Ct. No. 30 S.L No. 39 SM WPA 19852 of 2021 Gita Naskar Vs State of West Bengal & Ors.

Mr. Pankaj Halder Mr. Tapas Manna Mr. Shibjit Mitra ......for the petitioner Mr. Sk. Mujibar Rahman Mr. Parikshit Goswami .....for the State The present writ application has been preferred praying for direction upon the respondents, their men, agents, successor-in-office and each of them to reconsider the appeal of the petitioner dated 09.07.2017 and to pass a reasoned order in due compliance with the guidelines for implementation of the mid day meal in different schools.

On hearing the learned counsels for both the parties it appears that the petitioners herein were appointed as per the order of the BDO concerned on 1.11.2009. Subsequently vide order dated 13.11.2017 the concerned BDO on an inspection report of the Block Level Monitoring Team and the findings therein, discontinued the engagement of the petitioner herein. Affidavits have been filed and an order of a Coordinate Bench has been relied upon by the learned counsel for the petitioner.

In the affidavit of reply the petitioner has relied upon a Memo No.

(26)-ES(CMDMP)/Fund03/2018 dated 30th August 2019 wherein it has been directed that in case of allegation in such cases proper enquiry should be held by the District administration before taking any steps.

In the present case it appears that the BDO on whose order the petitioners were given appointment acted on the basis of an inspection report filed by the Block Level Monitoring Team and on the findings therein, discontinued the services of the petitioner. As such a proper inquiry was held on behalf of the district administration and this Court finds no irregularity in the order of the BDO discontinuing the services of the petitioner.

The writ petition being devoid on merits stands dismissed.

Pending applications, if any, stands disposed of. Interim order, if any, stands vacated.

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

[Shampa Dutt (Paul). J]