SAUGAT BANARJEE Vs. VIVEKANAND VIDYAPEETH

JUDGEMENT

(1.) BY this petition, the petitioner challenges the legality and validity of the show-cause notice dated 25-11-2003 (Annexure P-1) calling upon the petitioner to file his response to the alleged 8 charges within a period of 10 days. The petitioner was further called upon to make it clear if the petitioner wants personal hearing. The petitioner further impugns the second notice dated 30-12-2005 (Annexure P-2) calling upon the petitioner to explain as to why the disciplinary action be not taken against him for refusing to accept the charge-sheet dated 25-11-2003 and further declining to accept the charge-sheet sent by the registered post.

(2.) THE case of the petitioner is that the petitioner was appointed as contingency paid Tabla Teacher on 29-9-1997 in the respondent No. 1 Institute, however, no letter of appointment was supplied to him. THE respondent No. 1 Institute is fully aided by the Government. THEre are 64 regular posts and 25 contingency paid posts sanctioned for the payment of grants by the State Government. THE petitioner, having been appointed against the vacancy of regular post, is eligible for regularization. However, the petitioner was getting his salary at the Collector's rate. THEre are certain allegations against the respondent No. 2. In particular that the respondent No. 2 demanded a sum of Rs. 25,000/- for getting the petitioner regularized and with regard to financial and other irregularities committed by the respondent No. 2, an enquiry is pending consideration.

(3.) BEING aggrieved, the petitioner has filed this petition seeking following reliefs: