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2016 DIGILAW 764 (CAL)

Alok Kumar Halder v. State of West Bengal

2016-09-29

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. In this writ petition it is the grievance of the petitioner that on the allegation of defalcation of funds the petitioner was placed under suspension and proceeding was initiated against the petitioner. Against that action of the respondents, the petitioner filed an appeal before the Appeal Committee within the meaning of Section 91 of the West Bengal Primary Education Act, 1973. An Order was passed by this Court in W.P. 23317 (W) of 2009 on 27th July, 2010 directing the Appeal Committee to dispose of the said pending proceeding within a period of twelve weeks from the date of its formation. However, as an outcome of the said proceeding by which the petitioner was placed under suspension, the petitioner was, ultimately, dismissed from service by an Order dated 20th November, 2015. Challenging the said order of dismissal passed on 20th November, 2015 the petitioner filed statutory appeal before the Appeal Committee prescribed under Section 91 of the West Bengal Primary Education Act, 1973. The appeal was filed on 16th December 2015. The petitioner has annexed a copy of the order dated 21st March, 2016 issued by the Chairman, Appeal Committee, West Bengal Board of Primary Education which reveals that the said appeal was heard by the Appeal Committee and it has been observed that considering the exigency of the matter, the petitioner was directed to submit his written argument along with a copy by the date fixed positively. The matter was adjourned till 20th June, 2016. 2. It is now the grievance of the petitioner that despite the hearing was concluded by the Appeal Committee directing the petitioner to submit a written argument and according to the petitioner, the said Appeal Committee has not communicated any decision to the petitioner till date. 3. Mr. Ratul Biswas, learned Counsel appearing for the West Bengal Board of Primary Education submits that he has received specific instruction that in exercise of the power conferred under Section 91 of the aforesaid Act, the Chairperson has been nominated but so far as other members are concerned the Board is yet to take decision after the appointment of other members is made and only then the full-fledged committee can start functioning. Since this matter is pending for a long time for no fault of the petitioner and particularly when it is submitted before this Court that the petitioner is not getting his provident fund amount because of the order of dismissal and the pendency of the appeal before the Appeal Committee, this Court directs the West Bengal Board of Primary Education to take steps to re-constitute the Appeal Committee at an early date but not later than two months from the date of communication of this order. Once such Appeal Committee is constituted, petitioner’s pending appeal shall be finally disposed of within a period of one month and the Appeal Committee shall communicate its decision to the petitioner. Since it is submitted by the petitioner that he has already made an application before the Secretary, Hooghly District Primary School Council for release of his contribution of the provident fund, the authority may be at liberty to consider the same. 4. With the above directions, the writ petition is disposed of.