Jayanta Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the school authority withholding his service book, salary and provident fund money. On being selected by the school service commission, he left the school for joining another school as the headmaster therein. He has already joined the school to which he was recommended by the commission. He requested the authority of Paniparul Mukteswar High School (HS), Purba Medinipur to release his salary for the months of April and May 2005, to transfer the provident fund money, and to supply his service book and documents in connection with pay fixation. In reply, the school authority issued the letter dated July 11, 2006 saying that unless he deposited Rs. 64,448/-, allegedly defalcated by him during the financial year 2003-2004, the school authority would not oblige him.
(2.) There is no dispute that the fact of defalcation has not been proved before any court of law. There is no legal sanction on the basis whereof the school authority called upon the petitioner to deposit the amount. It was at liberty to initiate appropriate proceedings when the petitioner was an employee of the institute. It was always at liberty to institute appropriate criminal and civil cases, if the petitioner was liable to be prosecuted and also to pay any amount on any account. But the way it demanded the money is not recognised by any law. Admittedly the petitioner was entitled to get salary for the months of April and May, 2005. Since he joined another school, his provident fund money is also to be transferred, and the service book accompanied by necessary papers regarding pay fixation is also to be supplied to him. In my view, on the ground that he did not deposit the allegedly defalcated amount the school authority cannot withhold these things.
(3.) For these reasons, I dispose of the writ petition ordering that within a fortnight from the date of communication of this order the school authority shall pay salary arrears to the petitioner for the months of April and May 2005 (as admissible in law), transfer his provident fund money to the appropriate fund and account, and shall supply his service book accompanied by all necessary documents connected with fixation of pay. It is made clear that steps taken by the school authority in compliance with these directions shall not deprive it of the liberty to approach the appropriate forums by initiating appropriate proceedings against the petitioner for recovery of the abovementioned amount or any other amount, and also for his prosecution, if permissible in law. There shall be no order for costs in the case. Order accordingly.;