IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE PRESENT:

THE HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE CRR 213 of 2024 Sukanta Chattopadhyay Vs.

Kakali Bhattacharya For the Petitioner : Mr. Apalak Basu Mr. Nilanjan Pal Mr. Swapnamoy Sarkar For the Opposite Party : Mr. Manabendra Thakur Mr. Umer Sadhique Mr. Partha Sarathi Das Ms. Swarnali Ghosh Ms. Maria Sharwari Ms. Purnima Panda Heard on : 30.03.2026 Judgment on : 04.05.2026 Dr. Ajoy Kumar Mukherjee, J.

1. Petitioner herein has assailed the proceeding being CR No. 187 of 2017 under section 500 of IPC presently pending before Learned Judicial magistrate, 3rd court ChandanNagar.

2. The petitioner states that he was the Headmaster of a school and retired from his service on 30.09.2023. The husband of the opposite party herein was appointed as an assistant teacher of the said school in March 1988. He was issued a charge sheet on 07.05.2002, calling upon him to give reply within a fortnight, but he did not give any reply within the stipulated period. After issuing the aforesaid charge sheet, the school authority sent proposal on 30.05.2002 to the Secretary of the West Bengal Board of Secondary Education, for dismissal of the husband of the opposite party herein from his service. In reply, the Board of Secondary Education by a letter dated 02.08.2002, requested the school authority to follow the direction contained in the Board Circular no. S/606 dated 21.06.1982.

3. Thereafter, the managing committee of the said school in its meeting dated 25.09.2002 vide MC Resolution no. 03(b) resolved to suspend the husband of the opposite party herein with immediate effect in terms of aforesaid Board’s circular and as a result he was suspended with effect from 27.09.2002.Therafter the said school by a letter dated 30.09.2002 prayed before the said Board for granting approval of his suspension, in response to which the Board granted approval to the aforesaid proposal of the school on

24.12.2002.

4. The husband of the opposite party thereafter filed a writ petition before this High Court, being WP No. 8238(W) of 2003 challenging the suspension order and the approval of the said Board. This High Court while disposing the said Writ Petition directed the school authorities to initiate an enquiry against him in accordance with law for the purpose of probing the charges and ultimately after giving an opportunity of hearing to him. If the school authorities want to inflict any order of punishment, in that case the same must be subject to the approval of the Director of School Education.

5. In terms of the aforesaid order of the High Court, the school authority had initiated the enquiry proceeding and thereafter the enquiry officer submitted report before the School authority. However, the husband of opposite party did not reply to the said enquiry report and therefore the managing committee of the said school in its meeting dated 01.10.2005 proposed to remove him and such proposal was sent to the Director of school education on 13.01.2006 for necessary approval.

6. During pendency of the said approval, the husband of the opposite party herein filed another Writ Petition being WP no. 4458(W) of 2006 before this High Court, praying for releasing the subsistence allowance and other arrear dues and this Court by an order dated 27.10.2006 was pleased to dispose of the Writ Petition with certain observations. In terms of the aforesaid order dated 27.10.2006, the school authority started paying the subsistence allowance for the husband of the opposite party herein. Subsequently the Director of school education by a letter dated 24.12.2008 informed the secretary of the said school that he did not approve the act of dismissal of the husband of the opposite party and also directed the school authority to reconsider the stage of punishment after observing a fresh procedure and after giving the incumbent concerned an opportunity of hearing.

7. Thereafter, the husband of the opposite party aga