ANIL KUMAR GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The short point involved in this writ application is as to whether the respondent has acted in terms of the order passed by this Court on March 23, 1988. The relevant portion of the order is as follows :-

(2.) Thereafter the concerned authority, D.I. of School, passed the order as contained in annexure 'J' to the writ petition. The D.I. of School was directed to proceed with the matter de novo. The petitioner was not given an opportunity of hearing and the petitioner was not allowed to have an inspection of the documents nor he was given any charge-sheet. The order passed by the D. I. of School is clearly the order passed by this Court or March 23, 1988. The District Inspector of School instead of securing with the compliance with the order passed by this Court proceeded on the basis of the material on record.

(3.) In this circumstances, the order passed by the District Inspector of School on the breach of the direction cannot be sustained and is set aside. Despite the direction passed by this Court, no Affidavit-in-opposition has been filed. As a result, the allegations made in the writ petition shall be deemed to have been admitted.