Tojibur Rahaman And ORS. v. State Of West Bengal And ORS.

17.01.2022 gd/ssd WPA(P) 368 OF 2021 TOJIBUR RAHAMAN AND ORS.

VS THE STATE OF WEST BENGAL AND ORS.

(Through Video Conference) Mr. Barun Kumar Samanta ..for the Petitioners.

Mr. Jaharlal De, Mr. Shamim ul Bari ..for the State.

Ms. Sonal Sinha ..for the Respondent No.3.

Mr. Gangadhar Das, Mr. Tanmoy Chattopadhyay ..for the Respondent No.12.

Affidavit of service filed by the petitioners is taken on record.

The grievance of the petitioners is as against the respondent no.12/the Headmaster of the Talbangrea High Madrasah in respect of the misappropriation and defalcation of the school fund, illegality in issuing the certificates from the school and also other illegal acts and activities.

Learned counsel for the petitioners has pointed out that a detailed representation dated 26.04.2021 has already been filed by the petitioners before the respondent no.4/Director of Madrasah Education and the Assistant Secretary of the State had already

directed the respondent no.4 to take necessary action but nothing has been done till now.

Having regard to the issue which has been raised in the petition, we are of the opinion that the respondent no.4 should take an appropriate action on the petitioners' complaint and should conduct enquiry to find out the truthfulness of the allegation made in the representation and to take an appropriate action if allegations are found to be correct.

Hence, we dispose of the present petition by directing the respondent no.4 to duly consider the petitioners' grievance raised in the representation dated 26.04.2021 and conduct an enquiry after doing due opportunity of hearing to all the concerned parties including the respondent no.12 and take an appropriate decision in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt of a certified copy of this order. Petition is accordingly disposed of.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

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