JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. A dismissed teacher has filed this writ petition praying for her reinstatement in the post of Assistant Teacher after setting aside the order of dismissal from service dated 25.11.2013 and to pay subsistence allowance for the period from 16.07.2012 to 25.11.2013 along with interest.

2. Petitioner was appointed as a part time teacher of St. Joseph & Mary’s School (for short “the school”) on a purely temporary basis and joined the said post on 05.07.1986. Thereafter, her service was confirmed as a Full time teacher. Petitioner was placed under suspension with immediate effect by a letter dated July 16, 2012 alleging that she was involved in commission of gross misconduct for which a disciplinary proceeding was contemplated against her.

3. Petitioner was served with a charge sheet dated 27.08.2012 and the charges levelled against her was that she had committed “subversive activities detrimental to the interest of the school, severely beating the students, insubordination, neglect of work or negligence in the performance of duty.” Enquiry officer submitted his report dated 24.02.2003 concluding that the charges of (i) subversive activities detriment