GOBINDA DEBNATH AND ANOTHER Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2012-1-585
HIGH COURT OF CALCUTTA
Decided on January 30,2012

Gobinda Debnath And Another Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

- (1.) The facts involved in this appeal are so ugly; it prompts us to interfere at the threshold. The respondent no.11 is the Assistant Headmaster-in-Charge of Ghugia Bhuban Mohini Vidyamandir (H.S.) Anandaganj, Chakdaha, Nadia. It is alleged that in 1997 while he was Assistant Teacher in the concerned school, he was arrested on the charge of running a call-girl racket. Subsequently, in 2004 he was again arrested and kept in custody for ten days, while caught red-handed along with others preparing compact disc for blue film. A criminal case is pending and awaiting disposal. The concerned Teacher would be retiring tomorrow; yet the school does not take any action against him, despite complaint being lodged by the guardians. It is alleged that the earlier managing committee could not take any action against him, as he had political clout. After change of Government, the new managing committee has taken charge; however, the learned Counsel appearing for the new managing committee supports the concerned Teacher. It is unfortunate. The appellants being the guardians' representative approached the learned Single Judge, inter alia, praying for a direction upon the school authority to take steps against the concerned Teacher. The learned Judge, however, declined to pass any interim order on the ground of delay. The writ petition is however, pending. Hence, this appeal.
(2.) It is contended that tomorrow after his retirement, the writ petition might become infructuous.
(3.) When the application is called on today, Ms. Minoti Gomes, learned Counsel appearing for the concerned Assistant Headmaster prays for two days accommodation on the ground of Mr. Udayan Duta, who is sick and unable to attend court. The school is represented by Mr. Sanajit Ghosh, learned Counsel, who also prays for one day's accommodation, as he is yet to prepare himself fully.;


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