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2012 DIGILAW 816 (CAL)

Prasanta Karmakar v. STATE OF WEST BENGAL

2012-08-30

PRANAB KUMAR CHATTOPADHYAY, TARUN KUMAR DAS

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JUDGMENT 1. This application has been filed in connection with the appeal preferred from the order dated 16th March, 2012 passed by a learned Judge of this Court whereby and whereunder the said learned Judge disposed of the writ petition on merits upon granting liberty to the appellants/petitioners to submit reply to the notice issued by the Headmaster dated 23rd September, 2011 within two weeks from the date of the said order. The appellants/petitioners herein challenged the notice dated 23rd September, 2011 issued by the Headmaster pursuant to the direction of the Managing Committee of the school whereby the said appellants/petitioners were asked to clarify the reasons for not signing the attendance register on 8th August, 2011 inspite of remaining present in the school premises for observing the death anniversary. 2. It is the specific stand of the appellants/petitioners that in view of the notification issued by the Government of West Bengal on 4th August, 2011 declaring 8th August, 2011 as 'Public Holiday' in the memory of Kabiguru Rabindranath Tagore, question of signing the attendance register cannot and does not arise. The aforesaid notification issued by the Government of West Bengal dated 4th August, 2011 is set out hereunder: GOVERNMENT OF WEST BENGAL FINANCE DEPARTMENT AUDIT BRANCH No. 7842-F(P) Date-04.08.2011 NOTIFICATION In exercise of the power conferred by the explanation to section 25 of the Negotiable Instruments Act, 1881 (27 of 1881) read with Government of India, Ministry of Home Affairs Notification No. 20/25/56-Pub(I), dated the 8th June, 1957, the Governor is pleased to declare 22nd Sharbana of Bengali Year, 1418, (Monday, the 8th August, 2011) a Public Holiday in memory of Kabiguru Rabindranath Tagore. Sd/- S.K. Chattopadhyay O.S.D. and Ex-Officio Special Secretary Government of West Bengal Finance Department 3. In view of the aforesaid notification issued by the Government of West Bengal, appellants/petitioners herein were not required to sign the attendance register on 8th August, 2011. 4. In the aforesaid circumstances, Managing Committee of the school had no occasion to direct the Headmaster to call for any explanation from the appellants/petitioners herein for not signing the attendance register on that day in spite of remaining present in the school and participating in the function organised for observing the death anniversary of Kabiguru Rabindranath Tagore. 5. 4. In the aforesaid circumstances, Managing Committee of the school had no occasion to direct the Headmaster to call for any explanation from the appellants/petitioners herein for not signing the attendance register on that day in spite of remaining present in the school and participating in the function organised for observing the death anniversary of Kabiguru Rabindranath Tagore. 5. From the records we also find that the Managing Committee of the school declared 8th August, 2011 as working day and the same was communicated by the Headmaster by the written communication dated 10th August, 2011. 6. Mr. Biswaroop Bhattacharyya, learned Counsel representing the Headmaster namely, the respondent No. 5 herein submits before this Court that the Director of School Education, West Bengal by the written communication dated 28th July, 2011 asked the school authorities to organise various programmes to honour the great poet during the period 8th, 9th and 10th August, 2011. 7. The Director of School Education, West Bengal did not commit any wrong by issuing the aforesaid direction to the school authorities to organise various programmes during the aforesaid days but the same under no circumstances empowered the Managing Committee to declare 8th August, 2011 as working day ignoring the specific notification issued by the Government of West Bengal on 4th August, 2011 whereby the said 8th August, 2011 was declared as 'Public Holiday'. 8. The Headmaster of the school in the impugned notice dated 23rd September, 2011 also specifically recorded that the appellants/petitioners herein were not only present in the school on 8th August, 2011 but also participated in the function held in the school premises on that day. The appellants/petitioners herein, however, refused to sign the attendance register since the Government of West Bengal declared 8th August, 2011 as 'Public Holiday'. 9. In our opinion, the appellants/petitioners herein were justified in not signing the attendance register on 8th August, 2011 inspite of remaining present in the school and participating in the function organised by the school authorities since the Government of West Bengal by the notification dated 4th August, 2011 declared 8th August, 2011 as 'Public Holiday. 10. For the aforementioned reasons, the decisions of the Managing Committee as communicated by the Headmaster of the school dated 10th August, 2011 and 23rd September, 2011 cannot be sustained and the same are accordingly, quashed. 11. 10. For the aforementioned reasons, the decisions of the Managing Committee as communicated by the Headmaster of the school dated 10th August, 2011 and 23rd September, 2011 cannot be sustained and the same are accordingly, quashed. 11. The impugned order under appeal passed by the learned Single Judge is also set aside for then identical reasons. 12. This application as well as the appeal, therefore, stands allowed upon treating the said appeal as on day's list. 13. In the facts of the present case, there will be no order as to costs. Let a xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates of the respective parties on usual undertaking. Application allowed