R Bala Raju v. Vivekananda Kendra And ORS.

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WPA/556/2022 Shri R. Bala Raju ... Petitioner Vs.

Vivekananda Kendra and others ... Respondents Mr. K. Vijay Kumar ... for the Petitioner Mr. Rakesh Pal Gobind ... for the Respondents January 20, 2023 [MAM] Item No.1 The writ petition is instituted, inter alia, challenging the letter of termination dated 20th July, 2022 issued against the petitioner. The learned Advocate representing the petitioner submits that such termination letter has been issued by the Secretary of Vivekananda Kendra Vidyalayas, Andaman & Nicobar Islands (hereinafter referred to as the "said school").

It is contended on behalf of the petitioner that he was appointed on probation vide appointment letter dated 1st July, 2014 for a period of one year. It has also been submitted that there was no formal order of confirmation at the end of probationary period but the petitioner was allowed to function as teacher of the said school without any hindrance which goes to show that there was deemed confirmation beyond the period of probation for a period of one year since one year probationary period ended on 30th June, 2015. It has further been contended on behalf of the

petitioner that such letter of termination dated 20th July, 2022 ought not to be allowed to be retained on record since impugned letter of termination was issued without following the procedure and no opportunity was granted to the petitioner to present his case before the disciplinary authority.

School authority is represented by learned Advocate who candidly submits that there are procedural lapses. However, attempt has been made to substantiate the steps taken by the said school authority upon drawing attention to the letter dated 25th May, 2022 of the petitioner which is annexed as Annexure P-2 to the writ petition. It has been submitted on behalf of the said school authority that though there was no formal charge sheet issued against the petitioner, however, the petitioner by writing this letter dated 25th May, 2022 tried to explain his conduct before the school authority.

This Court has heard the learned Advocates representing the parties and perused the letter of termination dated 20th July, 2022. It appears that such letter of termination was issued unilaterally by the said school authority without following the procedure and by overt act of non compliance of principle of natural justice on the part of the said school authority. It is well settled that before terminating a permanent teacher of a school adequate opportunity is required to be given to the said

teacher extending the protection which the teacher concerned is required to get under the law which could have enabled him to present his case before the disciplinary authority.

In the present case it appears that the said school authority has failed to take steps in compliance with the relevant procedure as well as in terms of the principle of natural justice.

In the above circumstances, the letter of termination dated 20th July, 2022 stands set aside. However, the said school authority shall be at liberty to proceed in accordance with law against the petitioner if the authority finds it necessary to take steps.

Since no affidavits have been called for, allegations contained in the writ petition are deemed not to have been admitted.

With the aforesaid direction the writ petition stands disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties after compliance of all required formalities.

( Saugata Bhattacharyya, J. )