PARIMAL KUMAR DUTTA Vs. APEEJAY SCHOOL AND ORS

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India the petitioner has prayed for the issuance of a writ/ order/ direction for quashing of the proceedings being held against the petitioner and direction to the respondents to review the order of suspension dated 01.06.2009 against the petitioner along with grant of consequential benefits.

(2.) The facts leading up to filing of the present writ are that the petitioner joined the Apeejay school as TGT Electronics in 1995. On 29.08.2008, the petitioner gave a letter to the respondent no. 1 i.e. principal of the school which was allegedly written under her dictation, confessing that the petitioner had slapped some students of the school. As per the petitioner, he was thereafter made to submit his resignation letter on 09.09.2008 under duress as per which he was to be relieved of his services on 31.03.2009. The same was acknowledged and received by the respondent no. 1. Realising that he ought not have surrendered, the petitioner sought to withdraw his resignation vide letter dated 26.09.2008 sent to the Society of the school respondent no. 3 and respondent no. 1 wherein he stated in unambiguous terms that the resignation had been made under duress. The said letter was not acknowledged by respondent no. 1 but was acknowledged by the respondent no. 3.

(3.) After attempting to meet the Chairman of the school several times and being stopped by respondent no. 1, the petitioner filed a writ petition no. 7969/2009. In that matter, the respondent school offered the petitioner a chance to join the school services subject to the outcome of a disciplinary enquiry/action against him and moved an application stating that in view of the offer, nothing remained in the writ petition. The writ was dismissed in the petitioner's absence on the basis of the school's statement.