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2023 Supreme(Cal) 951

LAPITA BANERJI
Rinku Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prasenjit Mukherjee, Adv., Mr. Saptarshi Chakraborty, Adv., Mr. Arghya Kamal Das, Adv.,
For the Respondent: Ms. Munmun Tewari, Adv., Mr. Sanatan Panja Adv., Mr. Achyut Basu, Adv., Ms. Punam Basu, Adv., Mr. Goutam Mukherjee, Adv., Mr. Somen Bose, Adv., Mr. Anirban Saha, Adv., Mr. Srikumar chakraborty, Adv., Ms. Pritha Biswas Adv.,

JUDGMENT :

Lapita Banerji, J.

The petitioner was appointed as a Librarian in the Berhampore College by letter of appointment dated December 7, 2016, issued by the Principal/Secretary of the College in issue. The petitioner was to remain on probation for a period of one year with effect from date of joining the post. The conditions of petitioner’s service were to be guided by the West Bengal College Teachers’ (Security of Service) Act, 1975 and the Rules framed thereunder. The College in issue is under the supervision of the University of Kalyani.

2. The petitioner joined her service vide Joining Report dated December 8, 2016. A show cause notice was issued to the petitioner on January 25, 2017. It was alleged in the show cause notice that the petitioner declined to perform the works assigned to her. Denial of the work of “Kanyashree Prokalpa” in addition to the normal duties as Librarian amounted to dereliction of duty. Disobeying the instructions of the Principal amounted to acts of insubordination. Therefore, the petitioner was required to show cause within three days why disciplinary action should not be taken against her.

3. The petitioner responded to the show cause notice by lett

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