SATCHIDANANDA MAITY AND OTHERS Vs. THE ADMINISTRATOR, WEST BENGAL, BOARD OF SECONDARY EDUCATION AND OTHERS

JUDGEMENT

(1.) In this writ petition the members of the Managing Committee of Denachak Deshapran Birendra Memorial School which is an aided school (hereinafter referred to as the School) have challenged the order dated 16-10-1978 of the body functioning as Appeal Committee of the West Bengal Board of Secondary Education (Annexure 'H' to the writ petition) allowing the appeal of the respondent No. 7 Nilmoni Gauri, an Assistant Teacher of the School and ordering his reinstatement without back pay from the date of his discharge that is 7-8-1968.

(2.) The respondent No. 7 was appointed Assistant Teacher of the School on 1-2-1966. A show cause notice dated 5-6-1968 was served on him to explain his conduct of absenting himself from the school from 6-3-1968 and having talks with Sumoti Manna a girl student of the school sent up for School Final Examination on 1-3-68 at about 1 A.M. past midnight in a close room of the school building. The respondent No. 7 denied the charges in the explanation submitted by him. Thereafter the Managing Committee in its meeting held on 6-8-68 considered the explanation, found it unsatisfactory and resolved to dispense with the services of the respondent No. 7 with effect from 7-8-70 by giving one month's salary in lieu of notice. The respondent No. 7 filed writ petition against the said order of the Managing Committee which was C. R. 7751 (W) of 1968. The said Writ petition was dismissed on 17-9-1974 on the ground that no writ lies against the Managing Committee of the School. Thereafter the respondent No. 7 filed appeal before the body functioning as Appeal Committee of the Board of Secondary Education on 14-10-1974. The Appeal Committee after hearing both sides held that the charges against the appellant could not be proved and that as previous approval of the Board as required under the existing rules was not obtained the appellant is entitled to reinstatement.

(3.) The petitioners have challenged the decision of the Appeal Committee on several grounds urged at the time of the hearing of the present writ petition, which is opposed by the respondents Nos. 1 to 7 including the State of West Bengal and the West Bengal Board of Secondary Education (hereinafter called the Board).