KRISHNAKALI MITRA (NEE DUTT) Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2015-8-37
HIGH COURT OF CALCUTTA
Decided on August 19,2015

Krishnakali Mitra (Nee Dutt) Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

- (1.) The petitioner has preferred this writ application challenging adverse entries made in her service book, deduction of salary for the period for which she applied for leave and non-deposit of provident fund contribution for certain period of time.
(2.) The petitioner joined as Assistant Teacher in Mathematics in Jeeva Sheva Mission Kiran Chandra Girls' High School (hereinafter referred to as the old school) in the month of December, 1994. She worked in the old school till May 6, 2013. She joined as Headmistress of Santoshpur Vidyamandir for Girls' High School on May 7, 2013 on the basis of recommendation by the Regional School Service Commission. It is alleged that in the year 2001 an inquiry was conducted against the respondent no.5 by the District Inspector of Schools, Secondary Education, Kolkata, when the respondent no.5 failed to produce the office copy of the treasury challan in respect of contribution of provident fund of the employees of the school for the month of August, 1997. The respondent no.5 forwarded the service book of the petitioner from the old school to the school where the petitioner joined as Headmistress after making adverse entries against the petitioner in the service book on May 2, 2013. The respondent no.5 made adverse entries in the service book to the effect that from July 19, 1997 to September 26, 1997 the petitioner did not put her signature on the attendance register of the school. The respondent no.5 made entries in the service book to the effect that from June 28, 1998 to February 7, 1999 the petitioner did not perform her duties and did not maintain discipline of the school. The respondent no.5 also made adverse entries in the service book to the effect that the petitioner refused to take the classes, check the answer scripts of the students and conduct terminal examination of the school. According to the petitioner, the adverse entries have been made in the service book by the respondent no.5 without giving the petitioner any opportunity of hearing and the entries have been made in violation of the principles of natural justice.
(3.) The petitioner has alleged that the respondent no.5 deducted the salary of the petitioner for 5 days in the month of September, 2011 and for 6 days in the month of November, 2011 on the ground that the petitioner was absent from the school without submitting any application for leave, though the petitioner submitted application for leave subsequently for regularization of the absence. According to the petitioner, the respondent no.5 deducted the salary of the petitioner in a mala fide way and in violation of the rules by which the petitioner is governed. The petitioner has also alleged that there are some discrepancies with regard to contribution in the account of provident fund of the petitioner by the old school authority and that the respondent no.5 did not make contribution of provident fund in the account of the petitioner for the month of August-1997, March- 1999, August-2003 and January-2006.;


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