SAGAR CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to rescind/cancel and/or withdraw the letter of termination dtd. 26/3/2023 issued by the 7threspondent and to direct the respondent authorities to forthwith reinstate the petitioner in service in the concerned school.

(2.) Heard learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and the learned counsel for the respondents 4 to 8.

(3.) The case of the petitioner is that the petitioner was serving as an Assistant Teacher in a school, namely Suresh Chandra Ghosh English Academy at Mathabhanga, Cooch Behar. According to the by-laws of the CBSE Rules, 2018, the teaching and non-teaching staff of its affiliated institutions are to be guided by the Central Civil Services (Classification, Control and Appeal), Rules, 1965. While so, the school authorities, all on a sudden, terminated the petitioner from his service vide letter of termination dtd. 26/3/2023 without following the procedure as enumerated in Rules 11, 12, 13 and 14 of the Rules of 1965. Due to which, the petitioner has been deprived from defending himself by filing written statement of defense, which caused utter violation of the principles of natural justice as well as constitutional right of the petitioner. Hence, the petitioner has filed this writ petition for interference of this Court by invoking writ jurisdiction under Article 226 of the Constitution of India.