IMPORTANT POINT
Pension benefits cannot be withheld without pending disciplinary proceedings at the time of retirement, as established by the DCRB Scheme, 1981.

JUDGMENT :

SAUGATA BHATTACHARYYA, J.

1. Report filed on behalf of the Managing Committee of the School is taken on record.

2. Matter relates to allegations levelled by the school authorities of Tenpur Thakumoyee Vidyapith (H.S.) Paschim Medinipur (hereinafter referred to as “said school”) against a retired Assistant Teacher who superannuated on 31st May, 2023.

3. It is submitted by Mr. Lahiri, learned advocate representing the petitioner that the said teacher being respondent no. 6 was acting as Teacher-in-Charge till the date of her retirement and there are serious allegations on defalcation of funds which compelled the President of the Managing Committee to come forward with the present writ petition seeking direction to modify the order passed by the Commissioner of School Education, West Bengal vide memo dated 20th April, 2023 which would enable the President of the Managing Committee to get the benefit of appointment of an independent auditor for procuring further report relating to allegations levelled against the respondent no. 6.

4. The order of the Commissioner of School Education as contained in memo dated 20th April, 2023 is at pages 116 to 121 of the writ petition. Relevant part of the said order is reproduced below:

“In the above backdrop, keeping in mind allegation and counter-allegation against each other, M/S Rajib Das & Co. was initially requested to audit the accounts of school in issue namely Tenpur Thakamoyee Vidyapith (H.S.) upto the finalcial; year March 2022-23 from the financial year 2019-20 with a month from the date of issue of Memo No. 9A/1/GA/90(Part -1)/5018 dated 20/03/2023. But the said CA Firm expressed its inability to conduct the audit within the stipulated time due to some personal reason and declined the order of Audit of Tenpur Theakamoyee Vidyapith (H.S.). Then, M/S N. Chatterjee & Associates, 40/6, Dharmadas Kundu Lane, Howrah-711102 was engaged to the audit the accounts of the school upto March, 2022-23 from the financial year 2019-20 within a month from issue of memo no. 9A/1/GA/90(Part-I)/5025 dated 31/03/2023.

After getting the Audit report, the President, Managing Committee of Tenpur Thakamoyee Vidyapith (HS) must place it before the Managing Committee of the school for discussion. After thorough discussion in the Managing Committee, the President of Tenpur Thakamoyee Vidyapith (HS) may decide to forward his allegation afresh along with the audit report to the “Disciplinary Authority” i.e. West Bengal Board of Secondary Education for taking necessary action in terms of West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching staff) Rule, 2018 as stipulated in Notification No. 214-SE/S/10M-01/18 dated 08th March, 2018.”

5. Having considered the submissions made on behalf of the President of the Managing Committee being the petitioner, this Court has posed a query to Mr. Lahiri that how the President without backed by the Managing Committee Resolution can espouse the cause of the school authority? Query is also made to the learned advocate representing the President of the Managing Committee as to whether any Managing Committee Resolution has been adopted authorizing its President to file the present writ petition seeking modification of the order of the Commissioner of School Education dated 20th April, 2023.

6. Although it is submitted that present writ petition is the second writ petition and the first writ petition was entertained by a Coordinate Bench which was filed by the President of the Managing Committee of the School, but this Court does not find any satisfactory answer with regard to the Managing Committee Resolution whether at all adopted authorizing the President to come up before this Court with the present writ petition. However prayer has been made to adjourn the matter in order to satisfy this Court on the point of authority which the President of the Managing Committee is possessing to maintain the writ petition