The Calcutta High Court Bench comprising Justice Abhijit Gangopadhyay in the matter of Sandeep Prasad & Ors v. State of West Bengal & Ors. ordered the West Bengal Central School Service Commission to stop the payment of salary to the 25 appointees of Group-D staff who had allegedly been appointed after the expiration of the panel prepared for giving appointments to the post of Group-D in the Education Department.
Background of the Case
The Court was adjudicating upon a batch of petitions contending alleged irregularities in the appointment of 'Group-C' and 'Group-D' non-teaching staff in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal Central School Service Commission (WBSSC).
Order of the Court
The court found that the impugned order, so far as it relates to the enquiry by the Central Bureau of Investigation was concerned, is stayed for a period of three weeks from date or until further order/orders of this Court whichever is earlier.
On 22.11.2021, Court directed the petitioner to file a tabular list annexing the recommendation letters or the appointment letters which have come into their procession indicating in the said table the names of those persons, the dates of recommendations and dates of their appointment letters.
The School Service Commission was directed to scrutinise the said documents annexed to the said supplementary affidavit to see whether any recommendation was made after the expiry of the panel and if the School Service Commission finds that recommendations from the said list were made after the expiry of the panel, they will issue letters immediately to the concerned District Inspector of Schools for stopping the salary of such persons until further order of this Court.
Court denied the submission of the State and held that the facts have already come to light that Recommendations were made after the expiry of the panel in respect of 25 persons and it was said that,
“I am of the view that no amount of argument will change those facts and nobody will be able to change those facts by making submissions. The facts will remain the facts whether any submissions are made or not. If recommendations are made illegally and appointments are made on the basis of those illegal recommendations, those who have been appointed in a school as Group-D staff cannot have any right to get the salary from the public exchequer.”
The Court directed the Commission to serve a copy of the supplementary affidavit by speed post with A/D only to the persons in favour of whom recommendation letters have been issued after the expiry of the panel so that they are kept informed.
The matter had been listed for further hearing on December 9.
Case Details
Case Title: Sandeep Prasad & Ors. v. State of West Bengal & Ors.
Bench: Justice Abhijit Gangopadhyay
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