- (1.) ON 25th January, 2010, the Managing Committee of Kelomal Santoshini High School in the District of Purba Medinipur, adopted a resolution proposing to hold a proper and regular disciplinary proceeding against the petitioner who is the suspended Headmaster of the said school. Pursuant to the said resolution a charge-sheet dated 17th April, 2010 containing several charges was served upon the petitioner. The petitioner was called upon to submit his written statement of defence to the Secretary of the said school within a fortnight from the date of the receipt of this charge-sheet with a rider that if he does not submit his written statement of defence within the specified period, the school authority will hold an inquiry against him on receipt of the Boards approval at the first stage.
(2.) THE petitioner felt aggrieved and as such he filed a writ petition being W.P. No. 10579(W) of 2010 before this Court challenging legality and validity of the said charge-sheet issued by the Secretary of the said school. THE said writ petition was disposed of by a learned Single Judge of this Honble Court on 16th September, 2010 without entering into the dispute as to whether the charge-sheet was legal, proper and valid in the eye of the law or not. His Lordship made it clear that the said question regarding legality and validity of the said charge-sheet was left open to be considered at a latter stage, if at all based thereon any penal action is taken against him. Considering that the petitioner was kept under suspension for quite sometime and also by taking note of the fact that the petitioner was due to retire in November, 2011, His Lordship felt the necessity of concluding the said disciplinary proceeding at an early date. Accordingly, the said writ petition was disposed of with the following direction:- The charge-sheet dated 17-04-2010 issued by the Secretary of the school against the petitioner is the subject matter of challenge in this petition. As this stage, this Court is not inclined to enter into the dispute raised by the petitioner. Whether or ot the charge-sheet is legal, proper and valid in the eye of law may be considered at a later stage if at all based thereon any penal action is taken against him.
(3.) THE petitioner has been under suspension for quite some time. It is in his best interest that the disciplinary proceedings come to an end at an early date. Since the petitioner is due to retire in November, 2011, the disciplinary proceedings must be brought to its logical conclusion at an early date. Having heard the learned Advocates for the respective parties, this petition stands disposed of granting liberty to the petitioner to reply to the charges within 30th September, 2010. The school authority shall conclude the enquiry into the charges, if at all it is considered necessary, within six months from the date the decision is taken to conduct enquiry against the petitioner. The petitioner shall co-operate with the school so that the enquiry is concluded within the period mentioned above.;