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2019 Supreme(Cal) 373
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
ABHIJIT GANGOPADHYAY, J.
Indrani Raha Sarkar – Appellant
Versus
The State of West Bengal & Others – Respondents
W.P. No. 13372 (W) of 2014
Decided on : 08-05-2019
Amal Baran Chatterjee, Sabysachi Mukherjee, A. Das Sharma, Supratim Dhar, Dhananjay Nayak, Md. Yamin Ali, Saira Banu, Advocates.
Confirmation of service and adherence to disciplinary procedures under the Code of Regulations for Anglo-Indian and other listed School, 1993 are crucial in cases of termination of service.
Headnote:
Illegal Termination - Service Termination - Code of Regulations for Anglo-Indian and other listed School, 1993 - Regulation 21(e), Regulation 24 - The petitioner's service was confirmed in the School. There was no disciplinary proceeding initiated by the School under the said Code against the petitioner.
Fact of the Case:
The petitioner alleges illegal termination of her service from the School where she worked as an Assistant Teacher. The School terminated her service without following the procedure laid down in the Code of Regulations for Anglo-Indian and other listed School, 1993.
Finding of the Court:
The Court found that the petitioner's service was confirmed in the School and there was no disciplinary proceeding initiated by the School under the said Code against the petitioner.
Issues: 1. Whether the petitioner's service was confirmed in the School as a teacher. 2. Whether her service was terminated after holding a disciplinary proceeding against her following the said Code.
Ratio Decidendi: The Court held that the petitioner's service was confirmed in the School. It also held that there was no disciplinary proceeding initiated by the School under the said Code against the petitioner.
Final Decision: The Court set aside and quashed the dismissal order, directed the School to reinstate the petitioner as an Assistant Teacher with full back wages, and allowed the writ application with a cost of Rs. 5000.00 to be paid by the School authority to the West Bengal State Legal Services Authority.
JUDGMENT :
1. The petitioner alleges illegal termination of her service from the School where he worked as an Assistant Teacher. The name of the School is Salt Lake School (English Medium) run by a Society namely 'Salt lake School (English Medium) Society'.
2. The petitioner states that she was appointed as a teacher of the said School on 30th March, 2010 (which is incorrect as in the appointment order of the School dated 13th March, 2010 (annexed to the writ application) her date of appointment has been shown as 1st April, 2010). Her service has been terminated with effect from 16th July, 2013 by a letter dated 15th July, 2013 issued by the School, signed by the Secretary of the School.
3. From the affidavit-in-opposition filed by the School (respondent No. 4) it is found that the petitioner was initially appointed as a contractual teacher from 29th August, 2008 to 31st March, 2009 which was renewed from 6th April, 2009 up to 31st March, 2010 and finally from 1st April, 2010 the petitioner was appointed as an Assistant Teacher (in Primary section) in the Primary scale of pay band.
4. The petitioner has stated that her service was governed by the provision of the Code of Regulations for Anglo-Indian and other listed School, 1993 which has not been denied by the School in its affidavit- in-opposition and thus it is an admitted position that the School is regulated by the Code of regulations for Anglo-Indian and other listed School, 1993 (the Code, in short, hereafter). The petitioner has submitted that she was a confirmed staff of the School and without following the procedure laid down in the Code her service has been terminated without holding any disciplinary proceeding as mentioned in the said Code for disciplinary action against confirmed staff.
5. Petitioner has also alleged that she was not given any Class in the academic year 2013-2014 and she has disclosed a letter of the teachers' representatives dated 3rd April, 2013. In the said letter of the teachers' representatives of the School to the President of the School, inter alia, the following has been written: "Mrs. Indrani Raha Sarkar, one of the most popular teachers of morning section has been allotted no Class at all which is one type of mental torture. We as Teachers' representatives strongly object to this type of humiliation to a teacher. We apprehend a conspiracy against her". (Emphasis theirs)
6. From the writ application I find that on 13th February, 2013 a letter was given to the petitioner by the Principal of the School in respect of not taking the Bengali recitation test of a student of Class-I C which was to be taken on 13th January, 2013, was not taken till 11th February, 2013. In the said letter explanation given by the petitioner in this respect was recorded but the Principal found some difference between the petitioner's and the student's statement. However, the Principal directed the petitioner to explain in writing justifying the position of the petitioner and why any action would not be taken against her by the School authority for the said incident. No document has been disclosed by the School in this proceeding to show that in this respect any disciplinary action was taken against the petitioner.
7. A letter of the President of the School dated 8th July, 2013 has been annexed to the writ application wherefrom it is found that a disciplinary proceeding was initiated as per resolution adopted on 24th April, 2013 in the meeting of the executive council of the School etc. and the petitioner was directed to appear before the President on 11th July, 2013 at 5.00 p.m. for presenting the petitioner's version. From another annexure of the writ application which is a letter of the Secretary of the School dated 15th July, 2013, the following is found from the first paragraph thereof:
"the enquiry committee, before which you appeared on 11.07.2013 (Thursday) at 5.00 p.m., had found your reply unsatisfactory and in the E.C. meeting held today i.e. on 15.07.2013 it was
