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2016 DIGILAW 965 (CAL)

Dinoy Banerjee v. State of West Bengal

2016-12-06

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. In this writ petition it is the grievance of the petitioner that he suffered a departmental proceeding and the same ended in the dismissal of service. By an Order dated 20th November, 2015 the petitioner was dismissed from his service. As required under the statute he filed a statutory appeal before the Chairman, Appeal Committee. The said appeal was heard by the then Appeal Committee of the West Bengal Board of Primary Education but nothing was communicated to the petitioner. Therefore, the appeal remained incomplete and was not disposed of by the Appellate Authority. The appeal could not be taken up for further consideration because of the non- availability of the Appeal Committee. In an earlier writ petition this Court directed the West Bengal Board of Primary Education to constitute the Appeal Committee as early as possible. 2. Mr. Chakraborty, learned Counsel appearing for the State now submits that the Chairman of the Appeal Committee was appointed but since the members of the appeal committee were not nominated, the Appeal Committee could not start functioning. Mr. Chakraborty has also submitted before this Court a Notification dated 30th August, 2016 wherefrom it appears that Chairman of the Appeal Committee has been appointed. He has also produced a letter dated 11th November, 2016 issued by the Secretary of the West Bengal Board of Primary Education wherefrom it appears that other members of the Appeal Committee have already been nominated and the Appeal Committee has taken its complete shape. 3. Since the petitioner’s appeal is pending before the Appeal Committee of the Board this writ petition is disposed of by directing the Appeal Committee of the Board to dispose of the appeal within a period of three months from the date of communication of this order. 4. Needless to mention that before disposal of the appeal the Appeal Committee shall give reasonable opportunity of hearing to the petitioner and all other concerned and shall also allow him to produce documents in support of his case. 5. Xerox copy of the letter dated 11th November, 2016 filed by Mr. Chakraborty in Court today be taken on record.