7 0055..0033..22002255 Ct. No. 18 adeb W.P.A. 3754 of 2025 Shyama Pada Mukhopadhyay Vs. The State of West Bengal & Ors. Mr. Ashis Kumar Chowdhury Mr. Rajib Ghosh Mr. Babhru Bahan Bera Mr. Avisek Chatterjee …for the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee …for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Ms Keya Panja …for the Board Affidavit of service filed on behalf of the petitioner is taken on record. Petitioner was Headmaster of Chandra K.S.H. High School, Bankura against whom disciplinary proceeding was initiated on the allegation of defalcation of fund and financial irregularities. Previously concerned authority of the West Bengal Board of Secondary Education passed order of punishment requiring compulsory retirement of the petitioner. Said order of punishment was assailed by preferring an appeal which was finally decided by the Appellate Authority and Commissioner of School Education, West Bengal vide memo dated 29th 2 December, 2023 thereby setting aside the order of punishment. However, by the order dated 29th December, 2023 Appellate Authority granted leave to the West Bengal Board of Secondary Education, if necessary to initiate disciplinary proceeding afresh in accordance with law. While disposing of the appeal observation was made by the Appellate Authority that efforts and attempts should be made by the Board to complete the proceeding, if initiated afresh, within a period of three months from date. A grievance has been ventilated on behalf of the petitioner that in spite of such direction as contained in the order of the Appellate Authority dated 29th December, 2023 till date Board has not been able to conclude proceeding which was initiated afresh against the petitioner resulting in withholding of retiral dues including pension. Learned advocate representing the Board has drawn attention of this Court to the order of the President, Ad-hoc Committee which was communicated vide memo dated 16th April, 2024 wherefrom it appears that it was decided that an Internal Committee consisting of Deputy Secretary, Administration of Board and Legal Consultant of Board to scrutinize all submissions made by the concerned parties and relevant 3 evidence/documents to prepare a report on the matter and to be placed before the President of the Board for taking final decision. It is submitted on behalf of the Board today that a report was submitted by the Internal Committee on 29th October, 2024 before the President of the Board and thereafter necessary directions were given upon the District Magistrate, Bankura to hold a special audit and submit further report vide order dated 13th November, 2024. It is submitted that till date District Magistrate, Bankura has not furnished any report. However, on query being posed to the learned advocate representing the Board regarding the time which is required to be consumed to complete the disciplinary proceeding against the petitioner it is submitted that concerned authority of the Board is awaiting report from the District Magistrate. Having considered the respective submissions made on behalf of the parties and the observation made by the Appellate Authority in the order dated 29th December, 2023 thereby requesting the Board in the event de novo proceeding is initiated against the petitioner that needs to be concluded by 3 (three) months from the date of passing order by the Appellate 4 Authority, Court directs the Board to conclude the proceedings against the petitioner at an early date but not later than 6 (six) months from date. It is submitted on behalf of the State that provident fund has already been released in favour of the petitioner. Whether provisional pension has been released in favour of the petitioner or not no submission today is made on behalf of the State respondents. State authorities are directed to release provisional pension in favour of the petitioner by 4 (four) weeks from the date of communication of this order in the event same has not been released in the meantime. With the aforesaid observations and directions writ petition stands disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties on the usual undertakings. (Saugata Bhattacharyya, J.)