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2026 DAILYLAW 49902 (CAL)

SADHAN CHANDRA PAUL v. STATE OF WEST BENGAL AND ORS.

WPA/30376/2026 · 2026-10-15

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11 15.10.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 30376 of 2026 Sadhan Chandra Paul -versus The State of West Bengal & Ors. Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Seema Thakur … For the petitioner Mr. Lokenath Chatterjee, JSC Mr. Swarvanu Saha Mr. Jaganath Chatterjee … For the State Mr. Suman Banerjee … For WBBSE 1. Affidavit of service filed in Court today is taken on record. 2. The proposal forwarded by the District Inspector of Schools (SE), Bankura to the Deputy Secretary (Disciplinary Authority), West Bengal Board of Secondary Education dated 29th September, 2026 is impugned in the instant writ petition. 3. By the said proposal, the District Inspector of Schools has proposed suspension of the petitioner from service and recommended initiation of disciplinary proceeding against him. The recommendation has been made relying upon the complaint received from the teachers and members of the School Managing Committee and the Anti Corruption Unit and Vigilance Department, Bankura. 2 4. Learned advocate for the petitioner submits that the District Inspector of Schools does not have any authority in law to recommend suspension or initiate disciplinary proceeding. It has been submitted that the copy of the report relying upon which the recommendation was made was never served upon the petitioner. 5. As the action of the District Inspector of Schools is contrary to the provision of law, accordingly, prayer has been made to set aside the recommendation and the communication made to the West Bengal Board of Secondary Education. 6. On the contrary, learned advocates representing the respondents submit that there is no cause of action to file the instant writ petition. The District Inspector of Schools has not taken any decision in the matter till date. The Board is the competent authority to take a decision and the Board will take steps in the matter in accordance with law. The impugned communication has merely been forwarded by the District Inspector of Schools to the Board. 7. The report of the District Inspector of Schools (SE), Bankura signed on 14th October, 2026 filed in Court today be retained with the records. 8. It appears from the submission made on behalf of both the parties and on perusal of the documents placed before the Court that as on date, no 3 action or step has been taken against the petitioner which may cause prejudice to him. 9. The West Bengal Board of Secondary Education is not bound by any recommendation forwarded by the District Inspector of Schools for either suspending a teacher or to initiate disciplinary proceeding against him. The Board may take steps in the matter strictly in accordance with law. 10. The writ petition stands disposed of. 11. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 12. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)