TAPATI GHOSH Vs. STATE OF W B

JUDGEMENT

(1.) In this writ application a very short question of law has been raised on the issue whether in terms of Rule 28 Sub-rule (8) of the Rules of Management of Recognised Non-Government Institution (Aided and Unaided) Rules, 1969 hereinafter for brevity referred to as Management Rules of 1969, the West Bengal Board of Secondary Education and/or delegatee of such power as vested to a Committee constituted under section 24 of the West Bengal Board of Secondary Education Act, 1963, has the jurisdiction to provide personal hearing of the delinquent teacher as well as the Administrator and/or Managing Committee of the school including its Headmaster/ Headmistress and/or Teacher-in-Charge as the case may be to consider the proposal for approval to initiate the disciplinary proceeding, which under the statute is called first stage of disciplinary proceeding.

(2.) In the instant case, the writ petitioners who are in administration of the Managing Committee of the school, namely, the Administrator and the Headmistress of the school have challenged the notice dated 1st March, 2004 issued by Deputy Secretary (Administration) of West Bengal Board of Secondary Education hereinafter for brevity referred to as said Board, which is annexed at page 146 of the writ application, whereby and whereunder the writ petitioners and the delinquent staff were directed to appear with all relevant documents and papers before the Section 24 Committee to whom the power of approval as was initially vested with the said Board was divested by application of the statutory provision.

(3.) This writ application has been opposed by the West Bengal Board of Secondary Education by filling affidavit, contending, inter alia, that principle of natural justice demands a personal hearing of the delinquent staff, the Administrator, who is holding the management of the school as well as the Headmaster/Headmistress of the school as the case may be irrespective of the fact that provision of such personal hearing is not provided in the statute while according approval of the proposal of the Managing Committee of the school to initiate disciplinary proceeding against the delinquent staff. For an answer to the question as raised in the writ application, the relevant statutory provisions are required to be dealt with first.