Arijit Banerjee, J. - (1.) The present reference arises out of an order dated 23rd December, 2013 passed by a learned Single Judge of this Court seeking views by a larger Bench on the following questions: (1) Whether recommendation of the College Service Commission for the post of Principal, or for that matter for any teaching post is binding on the college and mandatory inasmuch as whether once a recommendation is made, the college may request the College Service Commission to revise or change the said recommendation; 2) If the candidate is a member of the teaching staff of the college and if his application is duly forwarded or routed by the college authorities whether the college can raise any objection at a later stage.
(2.) Briefly stated the facts and circumstances of the case are as follows: Dr. Prasanta Kumar Sen, an Associate Professor in Botany working with Bankim Sardar College applied for the post of Principal in different non-government colleges in terms of advertisements issued by the West Bengal College Service Commission. Though there are allegations that Dr. Sen succeeded in obtaining a recommendation by resorting to malpractice but the fact remains that on 14th August, 2012 the West Bengal College Service Commission recommended the name of Dr. Sen for appointment to the post of Principal which fell vacant consequent to retirement of Dr. Tapas Kumar Banerjee. We are not taking note of the allegations as regards mal-practices allegedly adopted by Dr. Sen because that is a question which may be taken into account by the learned Trial Court. The recommendation dated 14th August, 2012 was received by the concerned college on 31st August, 2012. Dr. Sen, however, by a letter dated 14th August, 2012 had informed the college that he was willing to join with immediate effect. He was not allowed to join within a period of one month or at all. Needless to mention that he already was an Associate Professor and has been continuing as such.
(3.) By a letter dated 6th March,2012 attention of the teacher-in-charge of the concerned college was drawn by the auditors to certain financial irregularities allegedly committed by the teacher-in-charge. The teacher-incharge at that point of time was none other than Dr. Sen himself. Further financial irregularities were brought to the notice of the Principal of the concerned college by a letter dated 3rd September, 2012. The Governing Body, presumably in that view of the matter, in its meeting dated 21st September, 2012 took the following decisions:- In view of the above discussion on the observations of the Statutory Audit Report 2010-11 and the Internal Audit Report 2011-12 the Governing Body is of the prima facie view that the college accounts was fraught with financial irregularities which cannot be ignored by the Governing Body and such financial irregularities can be attributed mainly to Dr. Prasanta Kumar Sen, Associate Professor of Botany as he served as the Teacher-in-charge of the college from 1st September 2010 to 31st August 2011. The Governing Body unanimously resolved as follows:- For purpose of proper investigation into such irregularities disciplinary proceedings be initiated against Dr. Prasanta Kr. Sen, as early as possible, and authorizes the President to take steps in this regard and place the same before the next GB meeting for consideration. ;