AJIT KUMAR CHANDA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On 17th January, 1990 the respondent Nos.4 and 5 appeared through learned counsel engaged by them. When directions were given for filing affidavits, no affidavit-in-opposition has been filed by the said respondents. When the matter was last considered on 19th April, 2001 this Court directed the petitioner to serve notice upon the respondent Nos. 4, 5 and 6. Such notice has ben served by registered post with acknowledgement due and an affidavit of service to that effect has been filed. Despite such service, none appeares on behalf of the respondent Nos. 4 and 5.

(2.) The subject matter of challenge in the instant writ petition is the resolution dated 20th November, 1989 said to have been taken by the Board of Directors of the respondent No.5 whereby and whereunder it has been decided to terminate the services of the petitioner. It is the case of the petitioner that prior to taking such decision, the petitioner was not told either by issuing a charge-sheet or otherwise as to what conducts of the petitioner entailed a punishment of termination of services. This ascertion has not been denied by filing an affidavit.

(3.) In paragraph 1 of the petitioner, it has been stated that the respon-dent No. 5 in guided and controlles by the State Government and the entire funds of the respondents No. 5 have been provided by the State Government and the deficiencies thereof are being made by the State Government by giving subsidy. In that view of the matter, it is contended that the State Government has a deep and pervasive control over the affairs of the respondent No. 5 and, accordingly, the respondent No. 5 is an other authority within the meaning of Article 12 of the Constitution of India. This ascertion has not been denied by the respondent No.5.