Calcutta High Court (Appellete Side)
Govind Prasad Sinha vs The State Of West Bengal & Ors on 11 May, 2018
Author: Shampa Sarkar
Bench: Shampa Sarkar
1 11.05.2018
.
Item no. 31.
Court No. 34
ap W.P. No. 29090 (W) of 2017 Govind Prasad Sinha Versus The State of West Bengal & Ors. Mr. Tarapada Das, Mr. Chandan Dutta, Mr. Pratit Sarkar.
...For the Petitioner.
Mr. Ranjan Saha.
...For the State.
Heard the learned Advocate appearing on behalf of the respective parties at length.
The grievance of the petitioner is now limited to the order of the Commissioner of School Education, West Bengal and director of School Education, Bikash Bhawan, Salt Lake, Kolkata - 700 091, in so far as the punishment of deduction of the last three annual increments from the last basic pay of the petitioner while calculating the retiral benefits as penalty for his conduct unbecoming of a teacher has been imposed.
The petitioner is further aggrieved by that portion of the order whereby it has been ordered 2 that the petitioner shall not be entitled for all consequential benefits of those three increments on permanent basis.
The petitioner was an Assistant Teacher of St. Joseph High Court of Burdwan and an order of dismissal from the service for the alleged misconduct was imposed upon him.
The petitioner preferred an appeal before the Director of School Education subsequently renamed as Commissioner of School Education. The Commissioner of School Education upon direction of this Hon'ble Court was pleased to dispose of the appeal preferred by the petitioner against the order of dismissal by passing an order dated November 25, 2013. While setting aside the dismissal order, the Commissioner of School Education had ordered as follows:
(i) Sri Gobind Prasad Sinha shall be allowed all the service benefits including retiral benefits treating him to be on service from the date of his suspension till the date of his retirement on supperannuation. 3
(ii) Last three annual increments will be deducted from the last basic pay of Sri Sinha while calculating the retiral benefits as penalty for his conduct unbecoming of a teacher. Sri Sinha shall not be entitled for all the consequential benefits of those three increments on permanent basis.
(iii) Sri Gobind Prasad Sinha as well as the school authority are directed to approach the ADI Asansol for approval of his Ph. D. degree benefit and the ADI is directed to take a decision in the matter as per law. If it is found by the ADI, Asansol that Sri Sinha is entitled to such benefit approval shall be granted for the same on post-
facto basis, however, in case the ADI finds otherwise, he shall recover all excess payments made to Sri Sinha in this regard from his retiral benefits. As regards the direction enumerated in serial nos. (i) and (iii) hereinabove, the grievance of the petitioner has already been made. The 4 petitioner is aggrieved by that portion of the order as appearing in serial no. (ii).
This matter cannot be decided without filing of affidavits.
Let the affidavit-in-opposition to the writ petition be filed within two weeks after the reopening of the ensuing Summer Vacation. Reply, if any, thereto be filed two weeks thereafter.
Let this matter appear under the heading "Hearing" before the appropriate Bench.
Liberty to mention.
(Shampa Sarkar, J.)