No enquiry can be sustained on vague charges: High Court

Soumyadip Mullick, MP, 23 Sept 2024, Kolkata: Ruling that no enquiry can be sustained on vague charges, the Calcutta High Court in its judgement set aside a Single Bench order in a case where disciplinary proceedings were initiated against an employee of a state-recognised non-governmental school and which was challenged on grounds that the enquiry report and the charge sheet suffered from irregularity. 

The Division Bench of Justice Harish Tandon and Justice Prasenjit Biswas observed that when the charge sheet is accompanied by a statement of facts and the allegations are not specific, definite and clear, the enquiry should be vitiated. In such a case the enquiry will be deemed to have been conducted in violation of principles of natural justice. 

The Bench observed the purpose of holding an enquiry against any person is not only to establish charges against the person or to impose a penalty but is also conducted for recording the truth of the matter, and in that sense, the outcome of the enquiry may either result in establishing or vindicating the person’s stance, and hence result in his exoneration. 

“...Fair action of the part of the authority concerned is a paramount necessity,” the court said. Observing that there is “illegality” and “material irregularity” in the impugned order of the Single Bench where the West Bengal Board of Secondary Education (WBBSE) was directed to continue departmental proceedings even after the appellant’s retirement, the Division Bench set aside the Single Bench’s order. 

The court also set aside the report submitted by additional district inspector of school, East Midnapore, including the suspension order dated December 2, 2015. The authority concerned was directed to release the arrear salary, if any, including all retiral dues to the petitioner within one month along with 9 per cent simple interest on his due retiral benefits from the date of superannuation till realisation of the same. 

The appellant’s counsel submitted that the direction given upon the Board to take further steps after considering the charge sheet and reply thereto is not permissible under the law since under the Management Rules of 1969, the Managing Committee of the school is the Disciplinary Authority and the Board is the approving authority in respect of first stage and second stage of the disciplinary proceeding. 

It was also submitted the WBBSE (Appointment, Confirmation, Conduct and Discipline of Teachers and Non-Teaching staff) Rules, 2018 has no application in the present case. https://www.millenniumpost.in/bengal/cm-writes-to-pm-refutes-mins-claim-two-officials-of-bengal-resign-from-dvc-board-580619?infinitescroll=1