SOUMENDRA NATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ application the Petitioner challenged the initiation and continuation of the departmental proceedings on the basis of the charge -sheet dated March 12, 1986, and August 29, 1986, issued by the President of the Governing Body of Maharaja Sris Chandra College, Calcutta. It appears that such a departmental proceeding was initiated under the provisions of the West Bengal College Teachers (Security of Service) Act, 1975. The Petitioner also challenged in this writ application the order of suspension for one year from the post of Principal of the said College, The Petitioner Dr. Soumendra Nath Sarkar is the Principal of Maharaja Sris Chandra College who was appointed on being selected and recommended by the College Service Commission.

(2.) The admitted position is that the relation between the Principal and the President of the Governing Body and some other members of the Governing Body became very much strained and they could not see eye to eye each other and this disciplinary proceeding is as a result of dispute and difference between the Principal on the one hand and the members of the Governing Body including the President of the Governing Body on the other hand. The background in which the disciplinary proceeding was started, was with regard to filing of a writ application by the Petitioner.

(3.) Sometime in the year 1985 serious disputes and troubles arose between several groups of the members of the Students Union regarding admission of students in various classes of the said College. The minority group of the students lodged a complaint to the Governing Body of the College and the Governing Body proposed to hold an enquiry against the Petitioner on the basis of such complaints and at that stage the Petitioner filed a writ application before this Court on October 7, 1985, against the decision of the Governing Body to hold investigation in its meeting dated September 21, 1985. After the Petitioner moved a writ application before this Court on October 7, 1985, the Governing Body by its resolution dated December 13, 1985, placed the Petitioner under suspension in contemplation of a departmental enquiry on the ground that the Petitioner had turned down the request of the President and some members of the Governing Body to convene an emergency meeting of the Governing Body on October 16, 1985, and also failed to convene a requisitioned meeting of the Governing Body on October 18, 1985, and the Petitioner failed to give effect to the resolution of the Governing Body passed in the meeting on October 18, 1985. and had neither convened a Governing Body meeting on November 20, 1985, nor handed over the rough and final Minute Book of the meetings of the Governing Body to the President to defend the High Court case as per Governing Body resolutions dated October 18, 1985.