IN THE HIGH COURT AT CALCUTTA
SAHIDULLAH MUNSHI, J.
SMT. ABALA MAITY (DAS) – Petitioner
Versus
STATE OF WEST BENGAL & ORS. – Respondents
W.P. No.11634(W) of 2012
Decided On : 06-12-2016
EDUCATION - ENGAGEMENT OF SAHAYIKA - RENEWAL OF CONTRACT - ILL-BEHAVIOUR - ENQUIRY REPORT - RIGHT TO INFORMATION ACT - DOCUMENTS NOT ON RECORD - COURT ANALYSIS AND CONCLUSION - DISMISSAL OF WRIT PETITION - MAIN LEGAL POINT - COURT CANNOT BE INVITED TO INVESTIGATE INTO DISPUTED QUESTION OF FACT AND SUCH SCRUTINY IS NOT DESIRABLE.
Fact of the Case:
Petitioner, engaged as 'Sahayika' in Kutki Bagan Sahi Sishu Siksha Kendra, claimed ill-behaviour towards students and others led to non-renewal of her contract. She sought copies of documents relied on by the Block Development Officer in a previous writ petition, alleging factual inconsistencies.
Finding of the Court:
The court found that the previous writ petition was dismissed after considering the report of the Pradhan and the Resolution of the Siksha, Sanskriti, Tathya-O-Krira Sthayee Samity, without relying on the 5-men committee report.
Issues: 1. Whether the court can investigate into disputed questions of fact, especially when a coordinate bench has already dismissed a writ petition on merit. 2. Whether the court can be invited to scrutinize the correctness of the report filed by the Block Development Officer.
Ratio Decidendi: 1. The court cannot be invited to investigate into disputed questions of fact, especially when a coordinate bench has already dismissed a writ petition on merit. 2. Scrutiny of the correctness of the report filed by the Block Development Officer is not desirable.
Final Decision: The writ petition was dismissed.
Sahidullah Munshi, J.
1. In this writ petition the petitioner has made out a case that being a Madhyamik Passed lady and being considered eligible and having requisite qualification as required for the purpose of engagement as ‘Sahayika’ the petitioner applied before the concerned authority and she was engaged as ‘Sahayika’ in Kutki Bagan Sahi Sishu Siksha Kendra for the academic session 2002-03 on 4th June, 2002. In paragraph 3 of the writ petition it has been stated by the petitioner that she is a trained ‘Sahayika’ and subsequently, from time to time her engagement as ‘Sahayika’ of the said Sishu Siksha Kendra (hereinafter referred to as the ‘said S.S.K.’) was renewed till academic session 2007-08, i.e., 30th April, 2008. It has been stated that the tenure of her engagement as ‘Sahayika’ in the said S.S.K. was till 2007. The authority did not renew her engagement although, she continued to discharge her service till 25th May, 2007. It has been claimed that on 26th May, 2007 the Secretary of the said S.S.K. asked the petitioner not to sign the Attendance Register of the said S.S.K. As a result, the petitioner was debarred from signing the Register of the said S.S.K. as ‘Sahayika’. The petitioner made several representations to the Secretary and President of the said S.S.K. and lastly, on 25th May, 2007, before the Secretary of the Managing Committee of the said S.S.K. but the said authorities refused to accept the representation of the petitioner. It has been admitted by the petitioner that the said S.S.K. did not renew the contract due to her ill-behaviour towards students and other persons associated with the said S.S.K. and that an enquiry was conducted by the Pradhan of the concerned Gram Panchayat. In pursuance whereof, a report was submitted before the concerned authority on 19th June 2007. It has been stated that an enquiry was conducted by the 5-men Committee and on 14th August, 2007 in a meeting of the Siksha, Sanskriti, Tathya-O-Krira Sthayee Samity of the concerned Panchayat Samity approved the decision of the Managing Committee not to renew the contract of the petitioner. From Annexure P-2 at page 23 of the writ petition it appears that the petitioner was engaged by an agreement executed on 4th June, 2002 and, according to the terms of the said agreement, it could be in force till 3rd May, 2003, i.e., for a period of one year. According to the petitioner, the said engagement was renewed time to time but, ultimately, no further renewal was made after 30th April, 2008. Previously, the petitioner filed a writ petition being W.P.19518 (W) of 2010 and by an order dated 19th July, 2011, a Hon’ble Single Bench of this Court disposed of the writ petition after hearing the parties and upon perusal of the written note prepared by the Block Development Officer on the subject. It has been held by the Hon’ble Single Bench that the Managing Committee of the concerned S.S.K. in a meeting held on 2nd May, 2007 decided not to renew her contract due to her ill-behaviour towards students and other persons associated with the said S.S.K. The Block Development Officer, Narayangarh, received an application from the writ petitioner on 29th May, 2007 which was forwarded to the Sub-Divisional Officer, Kharagpur and based on the same an enquiry was conducted by the Pradhan of the concerned Gram Panchayat who submitted a report on 19th June, 2007. In the said report it was categorically stated that the writ petitioner’s ill-behaviour was affecting the activities of the S.S.K. It was also held by the Hon’ble Single Bench that an enquiry was conducted by a 5-men committee and the enquiry report corroborated the views of the Pradhan of the Gram Panchayat. It has been held by the Hon’ble Single Bench that on 14th August, 2007, the decision of the Managing Committee of the concerned S.S.K. regarding non-renewal of contract of the writ petitioner for her ill-behaviour towards students and others associated with the said S.S.K. was appro
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