SUBHANGSHUMAN DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is aggrieved by and dissatisfied with the impugned order dated 31st May 2013 issued by the General Manager (Admn.), Rahul Foundation refusing to allow the petitioner to join his service on the alleged ground of unauthorized absence. Mr. Pal, learned counsel appearing for the petitioner submits that the petitioner was appointed as lecturer in Durgapur Institute of Advanced Technology and Management, District-Burdwan (hereinafter referred to as the said College) which is recognized under AICTE, a statutory body and also recognized by UGC. The concerned college is a public authority and discharging public function and as such an authority within the meaning of Article 12 of the Constitution of India.

(2.) Mr. Pal submitted that since after the date of appointment petitioner joined his service on and from 2nd July 2010. The performance of the petitioner was well appreciated by the college, students, Guardians and he continued for a year as lecturer of the college.

(3.) Mr. Pal submitted that on 2nd July, 2011 when the petitioner started from his residential house for attending his duty to the college, he met an accident with a car and suffered serious head injury, as a result petitioner was taken to a private hospital situated at Saktinagar in the district of Nadia. Petitioner's condition was so serious that he was unable to write a single word in his own hand and to inform the incident to the employer about such incident.