- (1.) The petitioner has challenged the dismissal order dated 13.10.2009 passed by the respondent No 4.
(2.) The facts which lead to an order of dismissal are that the petitioner was implicated in a criminal case on 7.4.2007 and was taken in custody till he was granted bail by this Court on 20.6.2007, Rule 7(2) of West Bengal Primary Education (Conduct of Service of Teacher of Primary Schools) Rules, 2001 provides that a teacher shall be deemed to have been suspended if he has been detained in police custody for a period of exceeding 48 hours. Subsequently, the order of suspension was issued on 22.5.2007 but the respondent authorities did not take any further step for initiating any disciplinary proceeding against the petitioner. Even after being enlarged on bail the authorities did not revoke the suspension order nor contemplated to initiate disciplinary proceeding, the petitioner moved before this Court in W.P.No. 6263 (W) of 2008, being the first round of litigation, for revocation of the suspension order. THE said writ petition was disposed of on 28.4.2008 with a direction upon the respondent No. 5 to serve the copy of the charge-sheet within a period of fortnight from the date of communication of the order by fixing the date of furnishing the reply. It was further observed that in the event the charge- sheet is not issued then the order of suspension will stand revoked but the disciplinary proceeding may continue and if the charge-sheet is issued, the disciplinary proceeding should be concluded within three months, in default, the suspension order will stand automatically vacated. Pursuant to the said order a charge-sheet was issued on 12.5.2008 and the charges as would be evident from the said charge-sheet runs thus:- CHARGES Negligence in duties: You, negligent to perform your statutory duties as school teacher Unauthorized absence You, unauthorized absent to the school duties in the school duties : on and from 22-5-2006 to 9.6.2006 and 12.6.2006 __to 6.4.2007 without any permission or initiation Tampering of the You, forcibly put signature in the Teacher's Teacher's Attendance Attendance Register erasing the "Absent" word Register: ' without being actually present defying the order of the Head Teacher. Insubordination to the You, directed t0 appear before the Chairman authoritv: Murshidabad District Primary School Council on 31.10.2006 and again on 20.11.2006 but you did not bothered to comply with the authority's order although you have received the1 notice in due _____time._ Attending school in You, habit of attending school in drunken drunken condition ? condition and not mend yourself after several warning. Illegal activities : You, illegally taken huge amount money from many person of the school area alluring them to give the job of Assistant Primary Teacher and misappropriated the all money. Entangled as accused in You, entangled as accused in the Criminal Case the Raninagar Police being No 61/07 dated 7.4.2007 under Sections Station Case No. 61/07 307/468/471/420/406 IPC for illegally taking Rs. dated 7.4.2007 under 2,12,650/- from the complaint Ramjan AN of Sections 307/468/471/ village Sahebnagar giving him the false 420/406 IPC, the matter assurance of appointment as Assistant Primary directly related with the. Teacher and also gave him a forged appointment Council: letter of the Primary School Council.
(3.) It is pertinent to record that it is a specific case of the petitioner that no document was supplied to the petitioner along with the said charge-sheet which forms the basis of those charges.;