ANAND KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In a voyage to get back his job as Assistant Teacher in Work Education in Dayanand Anglo-Vedic High School, the petitioner, who has suffered an order of dismissal from service, preferred this writ petition praying for issue of writ of and/or in the nature of mandamus and/or appropriate order declaring that the notification vide. no. 404-Edn(S) dated March 19, 1973 issued by the Joint Secretary, Government of West Bengal, Education Department, known as 'Special Rules' in common parlance, is ultra vires to Rule 28(8), 32 and 33 of the Rules of Management of Recognised Non-Government Institution (Aided and unaided) Rules, 1969 as well as to Article 14 and 16 of the Constitution of India and setting aside the second show cause notice and the order of dismissal from service passed by the Disciplinary Authority in conclusion of a disciplinary proceeding initiated against him. PETITIONER'S CASE:

(2.) Before going to delve into the contour of controversies involved in the writ petition, it would be apt to advert to the facts frescoed in the writ petition and subsequent pleadings of the petitioner which are as follows:

(3.) Defence taken in affidavit-in-opposition used by the school authority is that the institution from which the petitioner obtained diploma was not recognised by the Government and hence, the petitioner had no requisite qualification for the post. The petitioner's appointment is illegal and the selection process in which the petitioner was chosen as most eligible candidate is void ab initio. Approval of panel and approval of the appointment of the petitioner are also bad. Regarding applicability of the 'Special Rules', the school authority took specific plea that the notification vide. no. 4040-Edn(S) dated March 19, 1973 (the Special Rules), which is still in force, is applicable to the school and the Management Rules, 1969 are not applicable to the school. It was emphatically denied that the Special Rules is ultra vires to any rule of the Management Rules. The Managing Committee of the school is the appointing authority and in exercise of the powers conferred under the Special Rules, the Managing Committee is competent to initiate disciplinary proceeding against its staffs and can issue show-cause notice or pass order of dismissal from service upon conclusion of such proceeding. It was claimed that report of the enquiry officer was inherently inconsistent and hence, the Managing Committee disagreed with the findings of the enquiry officer and passed the order of dismissal from service against the petitioner. STAND TAKEN BY THE STATE RESPONDENTS: