Ashish Kumar Tiwari vs State Of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 355

RAJASEKHAR MANTHA
Ashish Kumar Tiwari – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
Mr. Subir Sanyal, Mr. S. Das for the petitioner in WPA 2561 of 2020 and WPA 2562 of 2020. Mr. Pijush Chaturvedi, Mr. Tarun Kumar Das, Mr. Anindya Bose for the petitioner in WPA 22714 of 2018 and WPA 22721 of 2018., for the Appellant; Mr. Bhaskar Prosad Vaisya, ld. A.G.P., Ms. Chaitali Bhattacharya Mr. Kartick Chandra Kapas Mr. Sagnik Chatterjee Mr. Supriyo Chattopadhyay Mr. Sabyasachi Mondal for the State. Ms. Koyeli Bhattacharyya Mr. Santanu Kr. Mitra for the WBBSE. Mr. Subir Sanyal, Mr. S. Das for the private respondents in WPA 22714 of 2018 and WPA 22721 of 2018 Mr. Pijush Chaturvedi, Mr. Tarun Kumar Das, Mr. Anindya Bose for the respondent nos. 6 & 7 in WPA 2561 of 2020 and WPA 2562 of 2020., for the Respondent

JUDGMENT

Rajasekhar Mantha, J. - The writ petitions involve common questions of law, i.e. whether by Notification No. 214-SE dated 8thMarch, 2018 issued by the School Education Department of West Bengal, the jurisdiction and authority of the West Bengal Board of Secondary Education ('Board') in respect of disciplinary proceedings against the two employee-writ petitioners stood extinguished. Consequently as to whether the order dated 5th September, 2018 is legal or sustainable.

2. The brief facts relevant to the case are that the two employee-writ petitioners in WPA 2561 of 2020 and WPA 2562 of 2020 were teacher employees of Shree Balkrishna Vithalnath Vidyalaya (hereinafter referred to as 'school'). The teaching and non-teaching staff of the school receive Dearness Allowance (D.A.) from the State and the school is an aided school within the meaning of the West Bengal Board of Secondary Education Act of 1963 and the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969.

3. For acts and omissions complained of against the two employee- petitioners, disciplinary proceedings were instituted against them. The said proceedings comprised in show-cause notices,

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2022 Supreme(Cal) 355

RAJASEKHAR MANTHAAshish Kumar Tiwari – AppellantVersusState Of West Bengal – Respondent

Cases Referred (5)

RAJASEKHAR MANTHA
Ashish Kumar Tiwari – Appellant
Versus
State Of West Bengal – Respondent