RAMA PROSAD MAJUMDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two writ applications are at the instance of the petitioner who is working as Head Master of Salkia Hindu School in the Civil Rule No. 916(W) of 1980. A challenge was thrown on the charge-sheet dated 16th January, 1980 which was served on the petitioner by the Administrator of the school directing him to show cause against the said charges. The other application is directed against the order dated 14th March, 1980 whereby the Secretary of West Bengal Board of Secondary Education intimated the administrator of the school that the administrator of West Bengal Board of Secondary Education have approved the proposal of the administrator of the school for initiating disciplinary proceedings against the petitioner. The said application is also directed against the letter dated 5th of May, 1980 issued by the Secretary of the West Bengal Board of Secondary Education intimating that the President of the Board accorded approval to the proposal of the administrator of the School for removing the petitioner from the services of the school under Rule 28(8) of the Rules for Management.

(2.) The application whereon Civil Rule 916(W) of 1980 was issued on 13th February, 1980 and an interim order was made to the extent that the disciplinary proceedings may continue but no final order be passed without the leave of the court has now become infructuous inasmuch as the administrator has already accorded approval to the proposal of the administrator of the school, the respondent No. 4, for removing the petitioner from the service of the school under Rule 28(8) for Management of Recognised Non-Government Institutions (Aided and Unaided), 1969 subject to the conditions that the services of the temporary Headmaster should not be terminated without the prior leave of this Hon'ble Court.

(3.) As regards the other writ application the petitioner as stated hereinbefore challenged the validity of the order dated 3rd May, 1980 passed by the President of the West Bengal Board of Secondary Education according approval to the proposal of respondent No. 4 for removal of the petitioner from his services as headmaster of the School.