SUKHLAL MONDAL Vs. BIMAL KRISHNA BISWAS

JUDGEMENT

(1.) This application for revision arises out of an order passed by Sri B.K. Dutta, Additional District Judge, 8th Court, Alipore, affirming the order dated 25th Sept. 1980 passed by the Munsif, 5th Court, Alipore, whereby the plaintiff's application for temporary injunction was rejected.

(2.) The petitioner as plaintiff commenced a suit being title suit No. 408 of 1980 in the court of Munsh 5th Court at Alipore for a declaration that the appointment of Mr. B.K. Biswas O.P. No. 1 dated 16-5-1980 by the President, West Bengal Board of Secondary Education as Administrator was illegal and void and for a further declaration that the order Of suspension of the plaintiff petitioner issued by O.P. No. 1 on 11-8-1980 was also void and illegal. There was also a prayer for permanent injunction restraining the O.Ps. from proceeding further with the order of suspension dated 11-8-1980 and from interfering in any way with the function of the petitioner as the Headmaster of the said school,

(3.) In the same line there was an application for temporary injunction under Order 39, Rules 1 and 2 of the Civil Procedure Code read with Section 151 of the Code. It was stated in the plaint that Barisba Vivekananda High School was upgraded and recognised by the Board on 1st of January, 1968. The petitioner is said to be the founder and approved Headmaster of the School. On the complaint made by the rival party enquiries were made into such complaint many a time during 1977-78. On 14-5-1979 the Managing Committee was superseded and one Sri P.K. Chatterjee was appointed Administrator by the Board. The present petitioner was charge-sheeted by him on 21-3-1980 and 26-3-1980. But both the charges were ultimately dropped,