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Calcutta High CourtWPA/24479/2022dismissed as infructuous

Dr. Anup Kumar Das v. The District Inspector Of Schools And ORS.

2024-07-18Hon'Ble Justice Saugata Bhattacharyya3 pages

rkd 18.07.2024 Ct.18 W.P.A. 24479 of 2022 Dr. Anup Kumar Das -vsThe District Inspector of Schools (S.E.), Alipore & Ors.

Mr. Pritam choudhuri, Mr. Tamal Tanu Panda ....for the petitioner.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ....for the State.

The writ petition is taken up for consideration in terms of the order dated 26th June, 2024 when reports have been filed on behalf of the District Inspector of Schools (S.E.), South 24 Parganas as well as the West Bengal Board of Secondary Education disclosing the present status of the disciplinary proceeding which has been initiated against the petitioner being the Headmaster.

However, on hearing the learned advocate representing the petitioner and on perusal of memo dated 12th September, 2022 issued by the District Inspector of Schools (S.E.), South 24 Parganas it appears that the said memo dated 12th September,

2022 is the subject matter of challenge in the present writ petition. By the said memo dated 12th September, 2022 the Assistant Headmaster of the school was directed to assume charge from the petitioner being the Headmaster and to run day-today administration of the school in question until further order. Such direction of the concerned District Inspector of Schools triggered this writ petition at the instance of the Headmaster against him disciplinary proceeding has been initiated. Today it has been submitted by the learned advocate for the petitioner that the Headmaster has retired on superannuation on 30th November, 2023; therefore no further order need be passed on this writ petition taking note of the impugned decision of the concerned District Inspector of Schools dated 12th September, 2022.

In view of aforesaid scenario as narrated by the learned advocate representing the petitioner the present writ petition stands dismissed as infructuous due to superannuation of the petitioner being the Headmaster on 30th November, 2023.

However, this order shall not have any bearing with regard to taking steps by the concerned respondent authorities for concluding the disciplinary proceeding which has been

initiated against the petitioner.

There shall be no order as to costs.

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

(Saugata Bhattacharyya, J.)