CHAMPAK KUMAR CHAKRABORTY v. STATE OF WEST BENGAL AND ORS.
WPA/29041/2024 · 2025-05-22
Kausik Chanda
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48194 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48194 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
22.05.2025 137-140 Ct. No.15
S.A.
WPA 29041 of 2024
Champak Kumar Chakraborty -vs- The State of West Bengal & Ors. + CAN 1 of 2024 Can 2 of 2025
with WPA 2027 of 2016
Champak Kumar Chakraborty & Anr. -vs- The State of West Bengal & Ors. + CAN 1 of 2017
with WPA 2829 of 2019
Champak Kumar Chakraborty & Anr. -vs- The State of West Bengal & Ors.
with WPA 7038 of 2018 + CAN 1 of 2021 CAN 3 of 2025
Dr. Badal Kumar Maity -vs- The State of West Bengal & Ors.
Mr. Raj Mohan Chattoraj Mr. Mehboob Rahman Mr. Tanmoy Sett
… for the petitioners in WPA 29041 of 2024, WPA 2027 of 2016 & WPA 2829 of 2019 Mr. Biswaroop Bhattacharya Mr. Puranjan Pal Mr. Ratikanta Pal
…for the College Mr. Nilotpal Chatterjee Mr. Sourabh Sengupta
…for Calcutta University Mr. Anil Kumar Gupta
… for UGC Mr. Raj Mohan Chattoraj Mr. Mehboob Rahman Mr. Tanmoy Sett
… for respondent nos.13 &14 in WPA 7038 of 2018
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Mr. Jahar Lal De
Mr. Shamim ul Bari
…for the State
Mr. Dilip Kumar Maity
Ms. Ananya Mondal
Mr. Subhayan Barik
…for respondent no.7
in WPA 29041 of 2024 (CAN 2 of 2025)
The petitioner challenges a show cause notice dated March 28, 2025, issued by the President of the Governing Body, respondent no.
6.
Learned counsel appearing on behalf of the petitioner submits that a preliminary enquiry was conducted against the petitioner without affording him an opportunity to participate. It is further contended that the show cause notice dated March 28, 2025, goes beyond the scope of the said preliminary enquiry. Reference has been made to the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Teachers (Security of Service) Rules, 1977, to argue that there exists no provision to conduct of a preliminary enquiry or the issuance of a show cause in the disciplinary proceedings.
Learned counsel representing respondent nos. 6 and 7, however, has expressed their intention to initiate disciplinary proceedings by issuing a charge-sheet against the petitioner in
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accordance with the provisions of the aforementioned Act and Rules. In view of the above, no further adjudication is required at this stage. Accordingly, the preliminary enquiry report dated December 10, 2023, and the show cause notice dated March 28, 2025, are hereby set aside. The college shall, however, be at liberty to initiate disciplinary proceedings against the petitioner in accordance with the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Teachers (Security of Service) Rules, 1977. Consequently, WPA 29041 of 2024, along with CAN 1 of 2024 and CAN 2 of 2025, stands
disposed of. Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Kausik Chanda, J.)