Calcutta High Court (Appellete Side)
Smt. Sufia Khatun vs The State Of West Bengal & Ors on 12 July, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
12th July,
2011.
(SKB)
W.P. No. 23226(W) OF 2010
Smt. Sufia Khatun
Versus
The State of West Bengal & Ors.
Mr. Jayanta Kumar Das,
Mr. Sadananda Karmakar,
...for the petitioner.
Mr. Goutam Mukherjee,
.....for respondent no.3.
Nepotism at its best is what manifests itself when one considers the facts of the instant case A notice/advertisement was published on 1st June, 2009, by the husband of the writ petitioner in his capacity as the Secretary of the Managing Committee of Bandhpara Shishu Siksha Kendra, Malda, inviting applications from competent women for engagement of a 'Sahayika' in the said Shishu Siksha Kendra. In answer to the said notice/advertisement, the writ petitioner applied for the post-in-question. Soon thereafter, her husband conveniently resigned from the post of Secretary. The Managing Committee of the concerned Shishu Siksha Kendra, thereafter, went on the complete the selection process by selecting the writ petitioner as the fourth Sahayika. Later on, one of the members of the said Managing Committee lodged a complaint with regard to the illegal engagement of the writ petitioner as the fourth Sahayika. He specifically alleged that the writ petitioner was the spouse of the Secretary of the Managing Committee of the concerned Shishu Siksha Kendra. The Block Development Officer, Harishchandrapur-II Block, thereafter conducted an enquiry and submitted a report on 21st June, 2010, along with the written deposition of the writ petitioner, wherein she admitted that Abdul Kuddus, her husband, was the 2 Secretary of the concerned Shishu Siksha Kendra at the relevant point of time when she was engaged. The District Nodal Officer, Malda, being the respondent no.6, subsequently sought for clarification from the Mission Director, Paschim Banga Rajya Shishu Siksha Mission, with regard to the illegal appointment of the writ petitioner. The Mission Director, by a memo dated 16th September, 2010, instructed the respondent no.6 to take action against the illegal engagement of the writ petitioner. Thereafter, the Additional District Magistrate, Malda, by a memo dated 8th October, 2010, instructed the concerned Block Development Officer to take action for termination of the petitioner's engagement as the fourth Sahayika of the concerned Shishu Siksha Kendra. The Block Development Officer by a memo dated 20th October, 2010, informed the Secretary of the Managing Committee of the Shishu Siksha Kendra to take action against the illegal engagement of the writ petitioner.
The memo dated 20th October, 2010, is now impugned in the instant writ petition, contents whereof are reproduced hereinbelow:
"To The Secretary, Managing Committee of Bandhpara SSK, Harishchandrapur-II, Malda.
Sub: Illegal Engagement of Sahayika at Bandhpara SSK Enclosed please find herewith the letter of Mission Director, PBRSSM vide memo no.1186/Mission-167(P-VIII)/2010 dated 16.09.2010 and Addl. Executive Officer, Malda Zilla Parishad, Malda vide memo no.509/SSK/MSK dated 08.10.2010 which is self explanatory.
As per the direction of Mission Director, PBRSSM and Addl. Executive Officer, Malda Zilla Parishad, Malda, he is directed to take necessary action for termination of both the Sahayika i.e. Johoratunnesha and Mst. Sufia Khatun immediately. As per the said direction no further honorarium shall be released in their favour and step shall be taken to recover all the sums already paid to them as honorarium for their illegal engagement.
An action taken report be sent to this end at an early date.
Block Development Officer, Harishchandrapur-II, Malda.
Date:- 20/10/2010"3
As the facts of the case have already been elucidated hereinbefore, it is not necessary for the Court to dilate on the same. A point taken by the learned advocate for the writ petitioner that her husband had tendered his resignation prior to her being selected for the post-in-question has no basis whatsoever. The selection process commenced on and from the date of resolution taken by the Managing Committee of the concerned Shishu Siksha Kendra to issue the notice/advertisement for the post of Sahayika. The said notice/advertisement was issued on 1st June, 2009. At that point of time, the writ petitioner's husband was very much the Secretary of the concerned Shishu Siksha Kendra and was a signatory to the said notice/advertisement. He continued to remain the Secretary even at the point of time the writ petitioner applied for the post-in- question. Her deposition before the Block Development Officer even goes to the extent of her stating that her husband was the Secretary of the concerned Shishu Siksha Kendra at the point of time her name was finally selected and approved by the Managing Committee, which statement runs contra to the submission made by the learned advocate appearing on her behalf. The attempt on the part of the writ petitioner's spouse to somehow demonstrate that he had resigned from the post of Secretary before the writ petitioner was actually selected to the post-in-question is, therefore, nothing but an afterthought and a shoddy cover- up exercise.
For reasons stated above, the writ petition, which is patently misconceived, is liable to be dismissed and is hereby dismissed with costs assessed at 200 Gms, which shall be paid by the writ petitioner to the Mission Director, Paschim Banga Rajya Shishu Siksha Mission, being the respondent no.3, within a week from date. The Block Development Officer, Harishchandrapur-II, Malda, being the respondent no.9, shall take immediate steps to ensure that the present Secretary of the Managing Committee of the concerned Shishu Siksha Kendra complies with the directions, as contained in his memo dated 20th October, 2010. It shall be open to the respondent authorities to stop all grant-in-aid to the concerned Shishu Siksha Kendra, in the event the directions of the Block 4 Development Officer as contained in the memo dated 20th October, 2010, are flouted by the Managing Committee of the concerned Shishu Siksha Kendra.
(Biswanath Somadder, J.)