GURUPADA MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was an Assistant Teacher in Pichhabani Primary School (hereafter the said school) under Contai-II Circle, within the jurisdiction of the Purba Medinipur District Primary School Council (hereafter the said Council). He is aggrieved because the Chairman of the said Council by order contained in Memo dated August 13, 2003 has dismissed him from service for the following reasons :

(2.) The petitioner claims that he was selected for appointment as Assistant Teacher in primary schools within the jurisdiction of undivided Midnapore District Primary School Council (hereafter MDPSC) in the year 1979 and appointed in the said school against a permanent vacancy on April 17, 1980. Since then, he had been performing his duty sincerely, honestly and with dedication, yet, his service was not confirmed immediately after expiry of the period of probation. Long 19 years after the petitioner had joined as an Assistant Teacher, the Chairman of the Adhoc Committee of the MDPSC, vide memo dated December 27, 1999, confirmed him in service w.e.f. June 9, 1984 (the date following completion of two years' service).

(3.) It is the positive case of the petitioner that on July 23, 1999, while travelling on a bus from Pichhabani to Contai, he lost a folio bag containing the original records relating to his service "including original mark sheet, admit card and certificate of Madhyamik Pariksha as well as one original Deed of Family property". Despite vigorous search, the said documents could not be retrieved. Consequently, a written complaint was lodged with the Officer-in-Charge, Contai Police Station on the same date, being G.D. Entry No.813 dated July 23, 1999. However, the police also could not trace the documents and the petitioner lost all hope of retrieving the same.