SRI PANCHANAN PAL Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2013-10-70
HIGH COURT OF CALCUTTA
Decided on October 08,2013

Sri Panchanan Pal Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

- (1.) BY this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondent no. 5 to complete the Service Book of the petitioner immediately so that he can get his pensionary benefits at an early date and to take immediate steps to disburse the same in favour of the petitioner upon declaring that he had been falsely implicated in a criminal case and for other reliefs.
(2.) THE case of the petitioner inter alia is that he was a teacher of Kandi Raj College and retired on January 31, 2011. He had held the post of Teacher -in -Charge of the said college in two terms. After the new Teacher -in -Charge joined the college the petitioner was harassed in various ways and he did not sign the Service Book of the petitioner as a result of which he did not get his pensionary benefits.
(3.) THE petitioner alleges that on March 10, 2009 the respondent no. 6 who was the Joint Secretary of the Students' Union of the college had falsely implicated him in a criminal case on the basis of certain unfounded and irrelevant facts. It appears from the complaint made by the respondent no. 6 that the main charge against the petitioner was defalcation of money which was released by the Director of Public Instruction to one Subir Kanti Bagchi and improper payment to the accused no. 2 behind the back of the governing body of the college. The petitioner has mentioned certain facts for refuting the charges brought against him. According to him the petitioner had approached the present Teacher -in -Charge of the college several times but the said Teacher -in -Charge intentionally did not sign the Service Book. He made several representations to him which have not produced any result. Till now the Service Book of the petitioner has not been completed and consequently he has not been getting his pension. Assailing the inaction on the part of the respondents the petitioner has filed this present writ petition for the reliefs as mentioned before. The President and the Teacher -in -Charge of the Kandi Raj College have filed an affidavit -in -opposition, affirmed by the Teacher -in -Charge of the college. According to them the papers could not be submitted to the appropriate authority due to noncooperation of the petitioner as he did not submit all the papers. In January, 2012 the petitioner was asked to return and submit the necessary papers which were in his custody since when he was the Teacher -in -Charge of the college. It has been specifically asserted that the earlier Teacher -in -Charge namely Rabiul Haque was released from his post and the governing body took a decision to appoint Banshidhar Thakur as the Teacher -in -Charge of the college and thus the present Teacher -in -Charge took charge on January 2, 2012.;


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