Kamrunnahar Sultana vs The State Of West Bengal & Ors
2022 Latest Caselaw 2525 Cal

20   05-05-2022

      AKG
                                   WPA 5572 of 2022
     Ct. 24
                                  Kamrunnahar Sultana
                                           Versus
                              The State of West Bengal & Ors.




                  Mr. Arka Maity,
                  Ms. Ambiya Khatun
                                  ...For the Petitioner.

                  Mr. Ekramul Bari,
                  Mr. Tanuja Basak
                                 ...For the Respondent No. 4

The petitioner happens to be the wife of a Primary

School Teacher. On the basis of a complaint lodged by the

petitioner, a criminal proceeding was initiated being

Ketugram P.S. Case No. 132/2019 dated 14 th May, 2019

under Sections 498A/323/325/307/34 of the Indian

Penal Code. He was arrested and was detained in jail

custody on and from 4th May, 2019 to 18th May, 2019.

As the teacher was in custody for more than 48

hours, accordingly, the Chairman, District Primary

School Council, Burdwan placed him under suspension

with effect from the date of arrest until further order.

The order of suspension was thereafter revoked by

the Chairman, District Primary School Council. The

petitioner is aggrieved by the same.

The petitioner applied before the District Primary

School Council praying for initiation of disciplinary

proceeding against the teacher.

It has been submitted by the parties that the

criminal case initiated against the teacher is pending.

Learned advocate representing the private

respondent raises preliminary objection with regard to the

maintainability of the writ petition before this Court. It

has been submitted that the dispute between the

petitioner and the teacher is a private dispute arising out

of marital issues. The allegation does not pertain to the

service of the petitioner.

In response to the said submission, learned advocate

representing the petitioner submits that as the husband

of the petitioner is a primary school teacher, he has an

obligation to build up the foundation of young children.

There is an allegation of claiming dowry against the

teacher.

Learned advocate for the petitioner relies upon the

observation made by the Hon'ble Supreme Court in the

matter of Subramanian Swamy Versus Manmohan Singh

& Anr., reported in (2012) 3 SCC 64 paragraph 72,

wherein the Hon'ble Supreme Court observed that the

right of private citizen to file a complaint against a

corrupt public servant must be equated with his right to

access the court in order to set the criminal law in motion

against a corrupt public official. This right to access, a

constitutional right, should not be burdened with

unreasonable fetters. When a private citizen approaches a

court of law against a corrupt public servant who is

highly placed, what at stake is not only a vindication of

personal grievance of that citizen but also the question of

bringing orderliness in society and maintaining equal

balance in the Rule of Law.

It has been submitted that the teacher concerned

has got very high connections. It is not unusual that he

will take advantage of all the connections that he enjoys

in the society.

On perusal of the judgment passed by the Hon'ble

Supreme Court, it appears that the same was passed in a

proceeding arising out of the Prevention of Corruption

Act, 1988. The appellant and the respondent before the

Hon'ble Supreme Court are highly placed officers.

In the present case, the husband of the petitioner is

a primary school teacher. The allegation arises out of

marital dispute between the parties. The allegations are

no way related with the service of the teacher.

Under such a situation, this Court is of the opinion

that whether any proceeding is required to be initiated

against the employee is the absolute discretion of the

employer and the petitioner being a stranger to the

service of the petitioner ought not to dictate the employer

to initiate disciplinary proceedings.

The criminal case arising out of the complaint filed

by the petitioner is pending. The petitioner is the de-facto

complainant in the said criminal case. She will be at

liberty to ventilate her grievance before the appropriate

forum and she will also be at liberty to initiate any

proceeding against her husband in accordance with law.

No relief can be granted to the petitioner at this stage

in the instant petition.

The writ petition fails and is hereby dismissed.

Urgent certified photocopy of this order, if applied

for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Amrita Sinha, J.)