VIVEKANANDA VIDYAPEETH Vs. SAUGAT BANERJEE

JUDGEMENT

(1.) HEARD learned Counsel appearing for the appellants as well as learned Counsel appearing for the respondents Nos. 1 and 2.

(2.) THIS writ appeal has been filed against the impugned judgment and order dated 30th July, 2007, passed by the learned Single Judge in W.P. (S) No. 153/2007 Saugat Banarjee v. Vivekanand Vidhyapeeth and Ors., allowing the writ petition in part and directing the respondents (appellants in the instant writ appeal) to complete the enquiry against the respondent No. 1 (writ petitioner) as per the directions given in paragraph 13 of the impugned judgment in which it was held that the enquiry was not initiated against the instant respondent No. 1 in accordance with the provisions of law and the writ appellants were directed to initiate the departmental enquiry from the stage of submission of written explanation in accordance with law.

(3.) IN fact the Rules, 1985 are silent in respect of conduct of the enquiry and removal of Teachers. Therefore, it cannot be said that the Rules, 1983 were superseded in toto by the Rules, 1985. Thus, we are of the opinion that the Rules, 1983 would be applicable to the extent the Rules, 1985 are silent.