ASISH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition relates to alleged termination of service of the incumbent dated 3rd March, 1998 and also declaration that Clause 11(3) of the special rules for the Management of Secondary Schools established and run by a christian church/Missionary Society/Board/Religious Society/ Subsidiary Society or other successor in law of West Bengal Secondary Act (hereinafter referred to as the said rules) is ultra vires to the Constitution of India amongst others.

(2.) The petitioner joined in the school i.e. St. Paul's School at 33/1, Raja Ram Mohan Sarani previously known as Amherst Street, Calcutta-700009 (hereinafter referred to as the said school).

(3.) A chargesheet was served upon the petitioner on 13th May, 1996 by the Secretary, Governing Body Diocesan Schools containing various allegations i.e. mal-administration, financial irregularities, lack of communication due to non-availability of petitioner in the school quarters for want of food, poor academic atmosphere in the school and hostel, reluctance to take steps against the staff responsible for embezzlement cases, not maintaining Fees and Academic Registers etc. The petitioner was asked to give reply to the show-cause in the said registrar within a period of 15 days from the date of receipt of such chargesheet positively with a further intimation that failing which it will be presumed that the incumbent has no satisfactory reply to offer and in that case the authorities will proceed in the matter in accordance with law. On 21st June, 1996, the incumbent gave the reply to the show cause in the said chargesheet. According to the petitioner, the authorities concerned did not take any subsequent step against the petitioner. As such, the said purported charges virtually fell flat.