Amal Kumar Paral v. State Of West Bengal And ORS.

14.11.2022 (S/L-33) Ct.-18 (P. Jana)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRITJURISDICTION APPELLATE SIDE WPA 21476 of 2022 Amal Kumar Paral -versus- The State of West Bengal & ors.

Mr. Gopal Chandra Ghosh, Mr. Sibasis Ghose, Mr. Uttam Chakraborty, ... for the petitioner.

Mr. Biswabrata Basu Mallick, Mr. Sayan Ganguly, ... for the State.

Mr. Sunit Kumar Ray, ... for the respondent no. 8.

Mr. Tapas Kumar Adhikari, Mr. Anil Kumar Chattopadhyay, Mr. Abhijit Ghosh, .... for the respondent no. 7.

Mr. Kamalesh Bhattacharya, Mr. Tapash Kumar Bhattacharya, ... for the respondent nos. 10 & 11.

Mr. Kamalesh Bhattacharya, learned advocate although appeared for the respondent nos. 10 and 11, but in the order dated November 09, 2022, his name has been wrongly recorded as the counsel for the petitioner.

The department is directed to carry out necessary correction, as indicated above in the said order as well as in the certified copy of the said order, if supplied to the parties, other portion of the said order shall remain unaltered.

Re : WPA 21476 of 2022.

The petitioner is the Ex-President of the Managing Committee of Balichak High School, Amta, District:Howrah.

The petitioner is praying a direction upon the respondent nos. 2, 3, 4, 5, 6, 7 and 9 to complete the audit of the account of the said school since April 01, 2001.

Criminal cases are pending against some of the ex-teachers and office bearers of the Managing Committee of the said school on the allegation of defalcation of money and for other financial irregularities.

Mr. Basu Mallick, learned counsel for the Staterespondents submits that the District Inspector of Schools(S.E), Howrah, the respondent no. 3 herein, has appointed N.G. Gangopadhyay & Associates, the respondent no. 12 herein, as the auditor to conduct the statutory audit of the accounts of the said school but the progress of such audit depends upon the availability of necessary papers and documents. Mr. Tapas Kumar Adhikari, learned advocate for the Teacher-in-Charge of the said school, the respondent no. 7 herein, on instruction submits that his client can supply papers/documents during the period of his tenure.

The learned counsel for the petitioner and other appearing respondents jointly submit that all papers relevant for the said audit are available.

The statutory audit of the accounts of the said school is pending for long time, it must be concluded without any further delay. The appointed Auditor, therefore, is directed to make all endeavour to complete the said audit and to submit the report before the concerned authorities within a period of

four months from the date of communication of this order. The Auditor is free to requisition relevant papers/ documents from the persons in possession of it. The parties are directed to co-operate with the Auditor.

The parties are directed to communicate this order immediately to the said Auditor.

WPA 21476 of 2022 is thus disposed of. There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)