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2018 Supreme(Cal) 21

SAMAPTI CHATTERJEE
Salil Das – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners:Mr. Joydeep Kar, Sr. Advocate, Mr. Arjun Roy Mukherjee, Advocate, Ms. Suman Sehanabis, Advocate
For the Respondents:Mr. Amales Roy, Advocate, Ms. Moushumi Bhowal, Advocate, Mr. P.S Deb Burman, Advocate, Mr. R.P Matilal, Advocate, Mr. Sirsanya Bandopadhyay, Jr. Standing Counsel

JUDGMENT :

SAMAPTI CHATTERJEE, J.

1. The following issue is to be determined in this case:—

(i) “Whether the appointment of the petitioner after following due selection process could be cancelled by the authority without holding any disciplinary proceedings or without giving any opportunity of hearing?”

2. The petitioners case in a nutshell is as follows:—

On 26th February, 2016 the Secretary, College (Sponsored Branch) Higher Education Department, Government of West Bengal intimated the Director of Public Instruction West Bengal vide Memo No. 229-Edn(CS)/4E-5/2014 for creation of one non-teaching post and filling up all four existing vacant non-teaching posts in Vidyasagar college. (hereinafter referred to the said college). The said college on 16th December, 2016 in terms of the recruitment policy being G.O No. 585-Edn(CS)/10M-20/08 dated 9th September, 2008 requested the concerned employment bank to sponsor the names of the candidate and in addition thereof the college authority has also published the same in daily Bengali newspaper and in daily English newspaper inviting applications from the eligible candidates for recruitment to the said post of non-teaching staff of Vidyasagar Co




































































































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