Syed Imroze Ali vs The State Of West Bengal & Ors
2023 Latest Caselaw 1168 Cal

40   13.02.2023                             WPA 2080 OF 2023
Sc    Ct. no.22                                     ---------

                                               Syed Imroze Ali
                                                      Vs.
                                       The State of West Bengal & Ors.


                          Mr. Piyush Chaturvedi
                          Sk. Rejaul Alam.
                                                                .... For the Petitioner
                          Ms. Chaitali Bhattacharya
                          Mr. Kartik Chandra Kapas.
                                                                .... For the State
                          Mr. Prosenjit Mukherjee
                          Mr. Nirmalya Kumar Das.
                                                                .... For the Respondent

A series of writ petitions were filed by the writ

petitioner who claimed to be an Assistant Teacher at

Panchpara High Madrasah (H.S.), suffered a proposal for

dismissal from his service, had come for consideration

before this Court.

By a consolidated judgment and order passed by

this Court on November 23, 2022 principally, on the

ground of violation of natural justice, the finding of the

disciplinary authority terminating the employment of the

petitioner from his service, as recorded on September 3,

2022, was set aside and quashed. The relevant

observation made by this Court in the said order dated

November 23, 2022 is quoted below :

" The relevant disciplinary authority of the concerned Madrasah shall furnish the detail of charges on which the inquiry proceeding had commenced along with all the supporting materials and documents on the basis whereof

the inquiry report was made, to the petitioner and/or his advocate on record positively on or before December 5, 2022.

The disciplinary authority then shall commence disciplinary proceeding de novo taking into consideration all the points to be urged by the petitioner including the points, according to the petitioner which would touch the inquiry proceeding and its validity, after granting an opportunity of hearing to the petitioner by serving at least a seven days' prior hearing notice to the petitioner and shall pass its reasoned decision taking into account all the points which shall be argued on behalf of the petitioner before it.

The petitioner shall also be at liberty to file written notes before the disciplinary authority at the time of commencement of the hearing before it.

The entire exercise as directed above shall be carried out and completed by the disciplinary authority within a period of six weeks from the date of the first day of hearing to be fixed by the disciplinary authority without granting any unnecessary adjournment to anybody.

In view of the above, this series of writ petitions, namely, WPA 11438 of 2022, WPA 12924 of 2021 and WPA 24028 of 2022 stand disposed of, without any order as to costs."

In this writ petition the petitioner contended that

the complaints of the superiors and other staff members

of the relevant madrasah as mentioned under Query

No.2 at the second page (at page 131 of this writ petition)

of the communication of the relevant madrasah dated

January 6, 2023, Annexure - P26 to this writ petition

were not either supplied to the petitioner or the petitioner

was not allowed to take inspection thereof.

Mr. Piyush Chaturvedi, learned counsel for the

petitioner submitted that those being the foundation of

the disciplinary proceeding, the entire disciplinary

proceeding stood vitiated without the same being provided

to the petitioner and the preliminary inquiry report was

prepared without granting such an opportunity to the

petitioner. The inquiry report was dated June 22, 2022

starts at page 98 to the writ petition and continues up to

page 109 to the writ petition (the said inquiry report).

Mr. Chaturvedi, learned counsel further submitted

that if this inquiry report dated June 22, 2022 is made

redundant and the complaints as referred to above, filed

by the superiors and other staff members of the

madrasah are allowed to be considered by the petitioner,

then the petitioner will have no objection whatsoever to

face the inquiry proceeding which can be commenced

afresh on the basis of the existing records.

Mr. Prosenjit Mukherjee, learned advocate

appearing for the relevant madrasah, respondent nos. 9

to 11, referring to the statements made under Query

No.2 at page 131 to the writ petition submitted that,

the copies of those documents cannot be provided for, but

if this Court thinks fit, necessary direction can be made

upon the petitioner to take inspection of the same in

presence of the authorised representative of the

respondent nos. 9 to 11.

Mr. Mukherjee, on instruction from his client,

submitted that, the madrasah authority shall not rely

upon the preliminary investigation report since there had

been no preliminary investigation report on record or as

on such report was prepared. It was only a preliminary

investigation made on the basis whereof the chargesheet

was issued.

Considering the rival contentions of the parties and

considering the materials on record a worrying factor has

come to the mind of this court that in the process of one

after another litigations the ultimate inquiry and/or the

disciplinary proceedings is getting stalled, which was

suggested against the alleged delinquent petitioner by the

relevant madrasah authority.

In view of the above and to expedite the process,

liberty is granted to the petitioner to take inspection of

the said complaints as mentioned in Query No.2 at page

131 of the writ petition at the office of the relevant

madrasah on February 18, 2023 and February 19,

2023 between 12-00 noon to 4-00 p.m. as suggested by

the parties. At the time of inspection the concerned

inquiry officer shall be there in whose presence the said

inquiry would be tendered to the petitioner. The

petitioner shall not be entitled to take any of his

representatives or any person accompanying him.

After taking such inspection of the said complaints

the petitioner shall be at liberty to file a supplementary

reply to the chargesheet dated August 9, 2021 which

shall be in addition to its original reply to the chargesheet

dated December 8, 2022, Annexure P-25 at pages 124 to

129 to the writ petition. The said additional reply shall

positively be restricted to only in respect of the said

complaint mentioned under Query No.2 at page 131

to the writ petition of which the inspection shall be

taken by the petitioner and not beyond that. Such

additional reply shall be filed by the petitioner on or

before February 23, 2023 before the concerned Inquiry

Officer.

The inquiry officer then shall proceed to hold the

inquiry proceeding afresh and de novo on the basis of the

existing records along with the said additional reply to the

show cause to be submitted by the petitioner as directed

above but shall not place any reliance and shall not take

any cognizance on its earlier inquiry report dated June

22, 2022 appearing at pages 98 to 109 to the writ

petition.

The said report shall be considered as redundant.

The inquiry officer shall proceed, carry out and

complete the entire inquiry proceeding within 21 working

days from the date of commencement of the said inquiry

proceeding which shall commence as suggested by the

parties on February 25, 2023. The inquiry proceeding

shall continue without granting any unnecessary

adjournment to anybody. The inquiry report then shall

be made ready by the inquiry officer positively by one

week after the conclusion of the hearing of the parties.

After the said inquiry proceeding shall be

concluded, all further necessary and consequential steps

shall be taken to come to a reasonable and logical

conclusion of the proceeding strictly in accordance with

law as expeditiously as possible without any unnecessary

accommodation to the parties.

In view of the above, the petitioner shall have no

further grievance in respect of Query No.5 mentioned in

page 131 to the writ petition. In respect of the Query

Nos.1, 3, 4, 6, 7, 8 and 9 appearing at pages 131 to 133

to the writ petition, Mr. Chaturvedi learned counsel for

the petitioner contended that if in addition to the

compilation of documents dated November 30, 2022

and January 16, 2023, copies whereof have already been

served upon the petitioner, any document is sought to be

relied upon by the relevant madrasah, the petitioner shall

be put on notice as to the same at least three days prior

to the date when the madrasah shall propose to rely

thereupon. This Court allows this request of the

petitioner.

Insofar as the Query No.10 at page 133 to the writ

petition is concerned, the necessary documents had

already been received by the writ petitioner. therefore,

the petitioner shall have no further grievance on this

Query No.10.

Insofar as the Query No.11 at page 133 to the writ

petition is concerned this will be a matter of evidence and

inquiry before the relevant disciplinary proceeding. The

petitioner cannot have any grievance against this Query

No.11.

It is made clear that this Court has not gone into

the merits of the allegations concerning the alleged

charges against the petitioner in the disciplinary

proceeding.

Since affidavits are not called for, the allegations

made in the writ petition are deemed not to have been

admitted by the respondents.

On the above terms this writ petition, WPA 2080 of

2023 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for,

be furnished expeditiously.

(Aniruddha Roy, J.)