- (1.) UPON emerging to be successful in the selection process, the petitioner was engaged in the post of additional para teacher at Pranta Pally High School (hereinafter referred to as the said school) and such engagement stood fortified 21st through an agreement dated December, 2005 amongst the said school authorities and the petitioner. Subsequent thereto, the petitioner's engagement was further renewed by an agreement dated 30th December,2006. The petitioner alleges that during the subsistence of such engagement, he was disallowed to continue with his services on and from the month of November, 2007 and the school authorities without any resolution and without giving any opportunity of hearing, abruptly discontinued the engagement of the petitioner and that too without any notice. Complaining about such forcible action of the school authorities, the petitioner made repeated representations to the appropriate authorities including the respondent No. 2 herein. As the authorities did not enquire into the said complaints, the petitioner was constrained to prefer this petition under Article 226 of the Constitution of India.
(2.) THIS writ petition was admitted and the parties were directed to exchange their affidavits. In spite of such direction, neither the State authorities nor the school authorities had filed any affidavit -in -opposition. Mr. Shamim -ul -Bari, learned advocate appearing for the petitioner submits that the guidelines towards engagement of para teacher categorically provides that for terminating a para teacher, a resolution is first required to be adopted by the Managing Committee of the school proposing an order of punishment against the delinquent and that such proposal is to be forwarded to the concerned Panchayat Samity through the Block Development Officer and that pursuant thereto, an enquiry is required to be directed and ultimately a decision is to be adopted by the concerned Sthayee Committee of the Panchayat Samity and in the event, thereafter, the proposal of the school is approved, the managing committee of the said school can issue the order of punishment against the delinquent.
(3.) MR . Bari, submits that no proposal whatsoever was adopted by the managing committee of the said school and that no order was communicated to the petitioner and that no opportunity of hearing was also granted to the petitioner and that the petitioner was illegally denied to continue with his service and such action of the authorities is derogatory to the principles of natural justice and the guidelines issued by the Government. Mr. Bari draws the attention of this Court to the supplementary affidavits sworn by some of the staffs of the said school, wherein they had categorically stated that the petitioner was granted no opportunity of hearing and he was illegally denied to continue with his service. Mr. Bari also draws the attention of this Court to a memorandum dated 30.06.2008 and the contents of the same reveal that the Special Secretary to the Hon'ble Governor of the West Bengal had forwarded a complaint of the petitioner to the Principal Secretary to the Government of West Bengal, School Education Department with a request to take appropriate action. Mr. Bari submits that till date, the concerned authorities had taken no steps whatsoever pertaining to the petitioner's grievance as ventilated by a representation dated 17.06.2008.;