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Calcutta High Court · body

2026 DAILYLAW 29079 (CAL)

UTTAM MUKHOPADHYAY v. STATE OF WEST BENGAL AND ORS.

WPA/14566/2026 · 2026-07-20

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04 Rkd 20.07.2026 Ct.05 W.P.A. 14566 of 2026 Uttam Mukhopadhyay -vs- The State of West Bengal & Ors. Mr. Rudranil De, Mr. Soumo Charan ….for the petitioner. Mr. Partha Chakraborty, Mr. Dinesh Pani ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that petitioner is a teacher of a Government aided secondary school and he was threatened which prompted petitioner to approach concerned police authorities for taking necessary steps. Prayer is made in this writ petition for directing concerned police authorities to provide protection to the petitioner. 3. Learned advocate representing the State respondents has filed a communication dated 19th July, 2026 of Officer-in-Charge, Khoyrasole Police Station and same is taken on record. Copy of the communication dated 19th July, 2026 is made over to the learned advocate representing the petitioner. 4. It is disclosed in the communication dated 19th July, 2026 that disciplinary proceeding has been initiated against the petitioner by the school authority on issuance of charge-sheet on 12th November, 2025. In connection with pendency of disciplinary proceeding there are differences between petitioner and school authority where petitioner is working. 5. If petitioner has any grievance, in that event petitioner needs to approach concerned State authorities and West Bengal Board of Secondary Education seeking direction for protection of petitioner’s right to continue his service. 6. Police authority is not appropriate authority to decide the issue relating to service of the petitioner as teacher in a Government aided school. 7. However, petitioner is aggrieved by inaction on the part of concerned police authorities to register FIR after complaint was lodged, in that event petitioner is required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 8. Hence, no relief can be granted to the petitioner and writ petition stands dismissed. 9. However, this order shall not preclude the 2 petitioner to approach appropriate forum in pursuit of remedy. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3