Moushumi Bhattacharya, J. - (1.) The facts of this case calls for a construction of Rule 5 of the West Bengal Board of Secondary Education (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching Staff) Rules, 2018, as notified (No. 214) on 8th March, 2018. Rule 5 relates to the manner of initiation of disciplinary proceedings against a teacher or a non-teaching staff of an institution by the West Bengal Board of Secondary Education (the Board).
(2.) The petitioner is the Headmaster of Gustia Khetranath High School, which is governed by the Management of Sponsored (Secondary) Rules, 1972, and is aggrieved by a Show-cause notice dated 4th February, 2019 issued by the Board by which the petitioner was directed to respond to the allegations contained in the Notices within a specific period of time.
(3.) The bombardment of charges, so to speak, against the petitioner commenced after a detailed order passed by the Commissioner of School Education on 27th September 2018 pursuant to a direction of this court where allegations made against the petitioner were comprehensively dealt with and the District Inspector (DI) was directed to cause a 'spot enquiry' to verify some of the allegations. The aforesaid order of the Commissioner set into motion the subsequent actions taken against the petitioner from three different directions and which were proximate to each other in point of time. The first was from the District Magistrate to the District Inspector and the District Project Officer dated 28 November 2018, referring to a complaint received from the teachers of the school and seeking a report in relation to the specific heads of complaint. The second was a letter from the DI to the President dated 13th December 2018 with reference to an Report following an enquiry done on 4th December 2018 by three Assistant Inspectors, recording inter alia that the Commissioner of School Education has issued a reasoned order on 27th September 2018 following which the DI was directed to transmit the matter to the Board for taking appropriate disciplinary action under the 2018 Rules against the petitioner as the Headmaster of the school. The third was a Notice from the District Project Officer, Paschim Banga Samagra Shiksha Abhiyan, recording the fact of service book records not being updated and calling for a hearing in this regard as per instruction of the District Magistrate. The fourth was from the DI dated 7th January 2019 seeking clarification with regard to 'gross irregularities in official record maintenance and dereliction of duties as Headmaster'. All the above actions formed the prelude to the impugned Show Cause notice dated 4th February, 2019. It should be mentioned that the petitioners responded to the charges made by the letters on several occasions which form part of records.;