Antara Roy Das v. State Of West Bengal And ORS.

21.12.2022 Ct. No.22 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 27101 of 2022 Antara Roy (Das) Vs.

The State of West Bengal & Ors.

Mr. Biswabrata Basu Mallick Mr. Sanjib Das Mr. Madhusudan Mukhopadhyay Mr. Biman Halder ... For the petitioner Ms. Chaitali Bhattachrya Mr. Kartik Chandra Kapas ... For the State Mr. Amitabha Ghosh ... For the respondent nos.7, 8 & 10 Affidavit of service filed in Court today, is taken on record.

The writ petitioner claimed to be a removed Teacher-in-Charge of one Satashi High School (HS), Howrah. According to the resolution of the Managing Committee of the School dated December 3, 2022 which was effected on and from December 5, 2022 and one Kalyan Chakraborty was placed in the post of Teacherin-charge as would be evident from the resolution of the Managing Committee of the relevant school dated December 3, 2022 at page 102 to the writ petition. Mr.

Amitabha Ghosh, learned advocate appearing for the respondent nos.7, 8 and 10 submitted

that this resolution was not given any effect till today. He submitted that the writ petitioner is still working as the Teacher-in-Charge and holding the post of Teacher-inCharge of the relevant school. He submitted that the appointment of Sri Kalyan Chakraborty by the memo dated December 5, 2022 at page 105 to the writ petition has not been given any effect.

On instruction from his client, Mr. Amitabha Ghosh, learned advocate, further undertakes that his clients have no objection if the resolutions and decisions pertaining to removal of the writ petitioner are set aside and accordingly the appointment of the said Sri Kalyan Chakraborty dated December 5, 2022 and the relevant decision taken in the resolution for the same may also be set aside.

Accordingly, the removal of the writ petitioner from the post of Teacher-in-Charge of the relevant school and all the decisions and resolutions of the Managing Committee of the relevant school connected thereto stand set aside and quashed.

The consequent appointment of Sri Kalyan Chakraborty for the post of the Teacher-in-Charge after removal of the writ petitioner, including the communication dated December 5, 2022 at page 105 to the writ petition, also stands set aside and quashed.

However, the Managing Committee of the School upon causing a detailed enquiry strictly in accordance

with law and following all the relevant rules and regulations, if will be of the opinion that any step should be taken against the petitioner, they shall be free to do that without any fetter but strictly in accordance with law.

It is further made clear that the employment benefit of the writ petitioner shall not suffer in any manner for the reason of her removal which hereby stands set aside.

Since the affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

It is also made clear that this Court has not gone into the merits of the allegations of the school authority against the petitioner made by the school authority. On the above terms, this writ petition, WPA 27101 of 2022, stands allowed, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)