Partha Sakha Datta, J. - (1.) Whether the petitioner should have been summoned by the learned Judge, Special Court, Tamluk vide order dated 21st of January, 2009 under section 319 Cr. PC in connection with Tamluk PS Case No. 138 of 2003 dated 06.11.2003 is the question involved in this application.
(2.) The prosecution case is as follows: One Suchintya Jana claiming to be an appointee in Naikuri Thakurdas Institution in the post of Assistant Teacher in the department of History has been drawing salary by virtue of his alleged employment. At the material point of time one Ram Krishna Maity and another Shyamalendu Manna had been respectively the Headmaster and the Secretary of the said school and during the tenure of these two persons Shri Jana was said to have been appointed in the school. Shri Jana was a candidate in the interview and he produced his academic certificate and other documents. Selection was made subject-wise and in the subject of History he was placed 2nd in the panel. Panel was approved by Office Memo No. 1862-S dated 16.10.1997. The said Shri Jana produced his appointment letter being letter No. 132/Appt./97 dated 16.10.1997 on the basis of a panel vide Memo No. 1864-S dated 16.10.1997 but no copy of the said Memo was produced before the District Inspector of Schools (Secondary Education, Purba Medinipur) either by the petitioner or by the Secretary or by the teacher-in-charge of the school and it was found that Memo No. 1864-S dated 16.10.1997 was issued for approval of panel for Mathematics Teacher of a different High School. The candidate who secured first position in History was one Birendra Nath Kar whose appointment was approved by the DI of Schools dated 16.10.1997 and the said Shri Kar has been working as Assistant Teacher of the school since 20.10.1997. Thus question of appointment of Shri Jana, the second candidate in the same subject does not arise. Shri Jana filed a writ petition being W.P. No. 3768 (W) of 2002 and pursuant to the order of the Writ Court dated 10.04.2002 Shri Jana appeared before the District Inspector of Schools (Secondary Education, Purba Midnapore) on 19.04.2002.
(3.) On appearance before the District Inspector of Schools (Secondary Education) Purba Medinipur, the petitioner could not produce his original copy of approval of appointment. He could only produce a xerox copy which would appear to be a copy of the office Memo No. 220-S dated 04.03.1998 but in it his name was interpolated in SI. No. 2 by deleting the name of one Sri Debangsu Das whose name originally existed which is evident from the original in SI. No. 2 of the said Memo No. 220-S dated 04.03.1998 and from the issue register of the office wherein the approval of appointment of Madhusudan Murmu and Debangshu Deis was approved as Assistant Teachers of Naikuri Thakurdas Institution. This was also observed in the enquiry report of the District Inspector of Schools (Secondary Education) Tamluk (now re-designated is District Inspector of Schools (Secondsiry Education), Purba Medinipur which was communicated to the petitioner under Memo No. 198- S/10 dated 03.01.2002. From the copy of the record as mentioned in SI. No. 5, it is revealed that the attendance register of the staff of the school from 1997 to 2000 was not found in the school and staff attendance register from 2001-2002 is kept in the office of the school. So, it was a surprise to note that the attendance register from 1997-2000, the major period of service of the petitioner is mysteriously not available in the school office. The Secretary of the school also could not produce the original copy of the approval of appointment of the petitioner. He stated that all office records are lying with the present teacher-in-charge of the School. The teacher-in-charge of the school did not appear before the District Inspector of schools (Secondary Education) Purba Medinipur, pursuant to the solemn order of the Hon'ble High Court though he was requested to appear before the District Inspector of Schools by the Secretary of the School. The District Inspector of school (Secondary Education), Purba Medinipur and the Secretary of the school tried to call the teacher-in-charge of the school from this office over telephone, but they failed to contact with him. Then the District Inspector of schools (Secondary Education), Purba Medinipur sent a special messenger to call for the Teacher-in-Charge of the School and he came to the office. The teacher-in-charge of the school stated that no original copy of the approval of appointment of Sri Suchintya Jana was in his custody. On the statements of the petitioner and counter statements of the Secretary and teacher-in-charge of the school, it is clear that they could not produce the original copy of the approval of appointment of the petitioner. There is no record in office that the approval of appointment to Sri Suchintya Jana, the petitioner, granted as Assistant Teacher of the School by the District Inspector of Schools Education/'Tamluk. Therefore, it was found that the petitioner is not an approved Assistant Teacher of the School and the xerox copy of the approval of appointment produced by the petitioner is fake. So the decision of the District Inspector of Schools (Secondary Education), Purba Medinipur to withhold the payment of the petitioner from November, 2001 and requesting the Secretary not to allow him to work in the school as Was communicated under Memo No. 19-S/10 dated 03.01.2002 and 56 dated 21.03.2002 respectively stood. Sri Ramkrishna Maity, Ex-Headmaster and the Secretary of the school submitted Grant-in-Aid application claiming the salary of the petitioner also for the period from November, 1997 to February, 2002 and pay statement/requisition upto November, 2001 and received the said amount upto October, 2001 in favour of Sri Jana. So it was decided to initiate charge against Sri Shyamalqndu Manna, Secretary and Sri Ramkrishna Maity, Ex-Headmaster of the school for misappropriation of Govt, money for paying salary to the petitioner against a fake approval of appointment in favour of the petitioner.;