Swarup Ghosh vs The State Of West Bengal & Ors
2024 Latest Caselaw 5008 Cal

Calcutta High Court (Appellete Side)

Swarup Ghosh vs The State Of West Bengal & Ors on 26 September, 2024

Author: Saugata Bhattacharyya

Bench: Saugata Bhattacharyya

Ml-   26.09.2024
269                                  W.P.A. 18290 of 2023
      Ct.18
rkd
                                       Swarup Ghosh
                                            -vs-
                              The State of West Bengal & Ors.

                   Mr. Arkadipta Sengupta,
                   Mr. Kalyan Chatterjee,
                   Ms. Aayushi Mukherjee
                                                             ....for the petitioner.
                   Mr. Chittapriya Ghosh,
                   Ms. Somesh Ghosh
                                                       ....for the respondent no.7.

Mr. Santanu Kumar Mitra, Mr. Amartya Pal ....for the State.

Ms. Koyeli Bhattacharyya,

....for the WBSSE.

A report in the form of affidavit has been

filed by the Teacher-in-Charge of Simulia Junior

High School being respondent no.7 today and the

same is taken on record.

The learned advocates representing the

petitioner and respondents are heard at length.

Though West Bengal Board of Secondary

Education is arrayed as respondent no.3 but the

Board is not represented.

Ms. Koyeli Bhattacharyya, learned advocate

who is present in Court and who normally

represents the Board is requested to enter

appearance on behalf of Board.

Let engagement of Ms. Bhattacharyya be

regularized by the concerned authority of the

Board.

By presenting this writ petition, inter alia,

petitioner being the Assistant Teacher of the

aforesaid school has prayed for regularization of the

period during which petitioner was taken into

custody in connection with Salar P.S. Case

No.198/2017 dated November 8, 2017.

The learned advocate for the petitioner

submits that the petitioner was arrested on 8 th

November, 2017 and enlarged on bail on 14 th June,

2018. Petitioner prays for regularization of the

aforesaid period and release of arrear dues.

Most significant submission so far

petitioner is concerned is his acquittal by virtue of

judgment dated 30th July, 2022 delivered by the

Additional Sessions Judge, Kandi, Murshidabad

which is annexure P6 to this writ petition. It is also

submitted that against the order of acquittal dated

30th July, 2022 till date no appeal has been

preferred.

Taking note of the submission made on

behalf of the petitioner as well as respondent

authorities the writ petition stands disposed of

directing the President, West Bengal Board of

Secondary Education to decide the claim of the

petitioner seeking regularization of the period

during which petitioner was taken into custody and

release of arrear salary for the said period.

The President of the Board shall pass a

reasoned order by eight weeks from the date of

communication of this order after granting

opportunity of hearing to the petitioner and the

school authority or their representatives.

The decision to be taken by the president

shall be communicated to the parties by two weeks

thereafter.

President of the Board is not made party.

Leave is granted to the learned advocate for

the petitioner to amend the cause the title in course

of this day and add President of the Board as

additional respondent.

However, service of notice upon the Board

stands dispensed with since Board is represented

by learned advocate.

There shall be no order as to costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned

Advocates for the parties on the usual

undertakings.

(Saugata Bhattacharyya, J.)