07.11.2025 AGM Sl. No.114 (ML)

Ct. No.18.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 7977 of 2025 Prasanta Kumar Shannigrahi Vs The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay.

Ms. Rajashree Tah. Ms. Trisha Rakshit.

Ms. Aishwarya Datta. ……for the petitioner.

Mr. Kunal Ganguly.

… For the Board.

Mr. Sourav Pal.

… for the respondent nos. 7 and 8.

Mr. Amritam Mondal. … for the intervenor.

1. The petitioner claims that he was serving as a teacher in-charge of the subject school.

2. Thereafter on reporting of an untoward incident against him, the petitioner was issued a show cause notice by the West Bengal Board of Secondary Education. A disciplinary proceeding against him is pending consideration till date. Charge sheet has been served and the petitioner has replied to the same.

3. The grievance of the petitioner is that his salary since January 2025 has not been disbursed even though he has not been suspended from service.

4. It has been alleged that the petitioner is being restrained from entering into the school premises for discharging his official duties.

5. Prayer has been made to direct the respondent to release his salary.

6. Learned advocate representing the Board submits, upon instruction that, the proceeding before the Board is pending consideration.

7. Learned advocate representing the School submits, upon instruction that, the petitioner is yet to hand over charge of the post of teacher in- charge. The petitioner has taken away all vital documents of the school with him and has not returned the same despite requests being made.

8. None represents the State respondents.

9. As it appears that the petitioner is still in service, accordingly, the representation made by the petitioner for releasing his salary which is pending consideration is required to be considered in accordance with law.

directing the concerned Sub Inspector of Schools

being the Drawing and Disbursing Officer being

the respondent no. 6 herein is directed to

consider and dispose of the petitioner’s representation dated 5^th February, 2025 for releasing the salary for the month of January

2025 and also for the subsequent months.

11. An opportunity of hearing shall be granted by the aforesaid respondent to all the necessary parties prior to taking a final decision in the matter.

12. The petitioner has also prayed for a direction upon the respondent authorities to permit him to resume his duties. The District Inspector of Schools shall consider the prayer of the petitioner in accordance with law permitting him to resume his duties.

13. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. If the petitioner’s claim is allowed by the authority, then necessary consequential steps shall be taken in accordance with law.

14. Supplementary affidavit filed by the petitioner in Court today is taken on records.

16. Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as

possible.

(Amrita Sinha, J.)