Anil Kumar Goswami vs The State of West Bengal and Others

Mahitosh Majumdar, J.—The short point involved in this writ application is as to whether the respondent has acted in terms of the order passed by this Court on March 23, 1988. The relevant portion of the order is as follows :-

"The District Inspector of Schools (Secondary Education), Burdwan, is directed to proceed with the matter de novo and decide all issues involved by giving the petitioner an opportunity of hearing. The concerned District Inspector of Schools is also directed to ask the School Authorities to produce the records and allow the petitioner to have an inspection of the same and thereafter the petitioner shall have the liberty to file his reply to the charge-sheet. After completion of production of documents and inspection thereof, the concerned authority shall deal with and dispose of the matter in effective manner. It is also ordered that the District Inspector of Schools shall allow the petitioner to file his written statement with the evidence for the purpose of vindication of his grievances.

But it recorded that I have nor gone into the basic claims and counter-claims of the parties.

Be it also recorded that the determination of the case of the petitioner by the concerned authority shall be effected within a period of six months from the date of communication of this order."

Thereafter the concerned authority, D.I. of School, passed the order as contained in annexure ''J'' to the writ petition. The D.I. of School was directed to proceed with the matter de novo. The petitioner was not given an opportunity of hearing and the petitioner was not allowed to have an inspection of the documents nor he was given any charge-sheet. The order passed by the D.I. of School is clearly the order passed by this Court on March 23, 1988. The District Inspector of School instead of securing with the compliance with the order passed by this Court proceeded on the basis of the material on record.

In this circumstances, the order passed by the District Inspector of School on the breach of the direction cannot be sustained and is set aside. Despite the direction passed by this Court, no Affidavit-in-opposition has been filed. As a result, the allegations made in the writ petition shall be deemed to have been admitted.

The petitioner is declared to be in service and shall be allowed to join his duty within four weeks from date.

The petitioner shall be paid all the service benefits within six months from date.

The writ petition is disposed of.

Let a xerox copy of this order be given to the learned Advocate appearing for the petitioner on observing all formalities.