Calcutta High Court: In a writ of mandamus seeking Court’s direction to respondents to consider the petitioner’s representations to allow him to sign the attendance register, regularize his attendance, disburse his salary and take action against the Teacher-in-Charge for misconduct and the misappropriation of funds, a single-judge bench comprising of MV Muralidaran,* J., held that the failure of the respondent authorities to address the petitioner’s grievances constituted a violation of natural justice principles and disposed of the writ petition with the direction for the respondents to consider the petitioner’s representations and take appropriate action within a specified timeframe.
In the instant matter, the petitioner, who was appointed as an Assistant Teacher in the Pakrabari Bousa Junior High Madrasah in the Social Science Group on 04-05-2002, requested the respondents to allow him to sign the attendance register, regularise his attendance since 05-09-2015, disburse his salary, and permit him to participate as a Teacher Representative in the Madrasah Committee. The Madrasah underwent an inspection by the District Level Inspection Team and was provisionally recognized by the West Bengal Board of Madrasah Education from Class V to VIII, subject to certain conditions. The petitioner alleged mistreatment by respondent 11, including preventing him from signing the attendance register, withholding salary payments, disrupting school operations, and attempted to remove the petitioner from official records. Despite receiving complaints and representations from the petitioner, the respondents failed to address the issue, leading to the filing of the writ petition.
The petitioner argued that the petitioner’s rights as an approved teacher should be protected, and the failure to do so constitutes a miscarriage of justice. It was contended that the respondents’ inaction in considering the petitioner’s representations violates principles of natural justice. It was contended that the petitioner’s right to participate in the Managing Committee as a Teacher Representative was allegedly infringed upon by respondent 11. It was argued that the respondents’ failure to file an affidavit-in-opposition despite specific court directions demonstrates their lack of cooperation.
The Court noted the failure of the respondents to file affidavits-in-opposition despite specific directions and stated that “when this Court specifically directs the respondents to file affidavit-inopposition, it is the bounden duty of the respondents to file the affidavitin-opposition. The non-filing of the affidavit-in-opposition despite specific direction is not appreciable and there is also no proper assistance from the side of the respondents to arrive at a logical conclusion.”
The Court stated that “since serious allegations are levelled, the authorities ought to have decided the representations of the petitioner immediately upon the receipt of the same. However, in the instant case, the respondent authorities have failed to do so.” The Court found merit in the petitioner’s contentions regarding his mistreatment and the non-consideration of his representations. The Court held that the failure of the respondent authorities to address the petitioner’s grievances constituted a violation of natural justice principles.
In the interest of justice and fairness, the Court intervened to ensure the petitioner’s representations were adequately considered and addressed by the authorities and directed the respondents to consider the petitioner’s representations and issue appropriate orders within 12 weeks. The Court instructed the petitioner to provide a copy of the court order along with his representations to the respondents within 2 weeks. The writ petition was disposed of without costs.
[Ghanashyam Das v. State of W.B., W.P.A.No. 1233 of 2016, order dated 21-02-2024]
*Judgment by Justice MV Muralidaran
Advocates who appeared in this case :
Mr. G. F. Hossain and Ms. Varsha Roy, Counsel for the Petitioners
Mr. Supriyo Chattopadhyay and Mr. Sabyasachi Mondal, Counsel for the Respondent/State
