Calcutta High Court (Appellete Side)
Dr. Sadek Hossain Mallik vs The State Of West Bengal & Ors on 14 March, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1 14.03.2016
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rc W.P. No. 26987(W) of 2014 Dr. Sadek Hossain Mallik Versus The State of West Bengal & Ors.
Mr. Asit Kumar Bhattacharjee
Mr. S.N.Chattopadhyay ... for the petitioner
Mr. N. Ch. Bhattacharjee ... for the State
Mr. Amitava Chowdhury
Mrs. A. Kar Gupta
Mr. N. Ray ... for the University
The petitioner has complained of his termination of service with effect from November 11, 2011 made by the Serampore College. According to the petitioner, he is presently employed at Aliah University. He had joined the university with effect from November 23, 2010. He claims that he had tendered his resignation to the post of Assistant Professor of Mathematics in Serampore College on December 20, 2012. In response to an application under the Right to Information Act, 2005 he had come across the impugned memo by which the college authorities had purported to terminate his service with effect from November 10, 2011. It is contended on behalf of the petitioner that such termination is bad as he was not given any notice.
The college authorities are represented.
It is submitted, on instruction, on behalf of the college authorities that the college did not issue any prior notice before issuance of the impugned memo of termination. In the records maintained by the college authorities the impugned memo is undated. The college authorities also did not follow the procedure laid down under its own regulation being the Council of Serampore College with regard to the termination. 2 I have considered the rival contentions of the parties and the materials made available on record.
The petitioner is presently serving under Aliah University which he has joined with effect from November 23, 2000. Prior thereto he was working as an Assistant Professor of Mathematics in Serampore College. He had tendered his resignation from such college with effect from December 20, 2012.
The college authority had claimed that by the impugned memo the service of the petitioner was terminated with effect from October 11, 2011. The college authorities, however, have not been able to produce any material to show that the petitioner was issued a show-cause notice prior to the termination or that any disciplinary proceedings were initiated which had ultimately culminated in the impugned order. The records of the college demonstrates that the impugned termination order is undated. A photo copy of such impugned termination memo as available with the college authority has been produced in Court and the same be kept with the record.
In such circumstances the letter of termination dated November 11, 2011 is set aside.
Since the petitioner is working at Aliah University he has expressed his desire not to come back in employment to Serampore College. Such desire is recorded.
In view of the petitioner being with Aliah University, the Serampore College will transit all records, if any, available with it pertaining to the petitioner to Aliah University within a fortnight from date.
W.P. 26987 (W) OF 2014 is allowed without any order as to costs. Urgent photostat certified copy of this order be given to the parties on priority basis after compliance of all formalities as to costs.
(Debangsu Basak, J.) 3