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Judgment
The application for stay (GA No.3741 of 2017) in the intra-Court appeal (APO No.522 of 2017) is taken up for hearing.
It appears that the appellants are the writ petitioners in WP No.482 of 2017 which was dismissed by the learned Single Judge by the impugned order rejecting their contention that the order of suspension passed by them be upheld. An order of the Ad hoc Committee of the West Bengal Board of Secondary Education (hereafter the Board) disapproving the proposal for suspension, which appears at page 130 of the stay application, was also thereby upheld by the learned Single Judge.
During the course of hearing, it is reported that the disciplinary proceedings against the three teachers, who were sought to be placed under suspension, have advanced to a certain stage. While the appellants say that the stage of collection of evidence is over and the report is to be prepared only after three of the four delinquent teachers had participated, such submission is disputed by the respondents/teachers. It was, in fact, submitted on behalf of the latter that none of them participated in the inquiry.
Mr. Bhattacharya, learned advocate appearing on behalf of the said teachers submitted that they did not participate in the disciplinary proceedings on the ground that the Managing Committee has no jurisdiction to initiate such proceedings, for, it has become defunct.
It is, therefore, required to ascertain from the records of the school whether any of the said persons participated in the proceedings and also the stage to which the said proceedings have proceeded before taking up the appal for consideration.
Accordingly, the appellants are directed to produce the records of the disciplinary proceedings on 10th January, 2018, when the appeal along with the application will once again appear for consideration.
It is made clear that by consent of the parties, the appeal and the stay applicant shall be finally heard since no useful purpose would be served in keeping the appeal pending while the application is disposed of.