WEST BENGAL BOARD OF EXAMINATION FOR ADMISSION TO THE ENGINEERING, MEDICAL & TECHNOLOGICAL DEGREE COLLEGE AND ANOTHER Vs. BUDDHADEH DAS AND OTHERS

JUDGEMENT

(1.) The service of the writ petitioner/respondent No. 1 which was terminated during the period of probation is the subject matter involved in this appeal. Before adverting to questions of law involved in this appeal, admitted facts may be noticed.

(2.) The appellant No. 1 is a State within the meaning of Art. 12 of the Constitution of India. The writ petitioner/respondent No. 1 was appointed by the board of the appellant No. 1, which was communicated by the Officer-in-Charge and Member Secretary in terms of his letter dated 17-8-92 as contained in Annexure 'A' to the writ application, in terms whereof the writ petitioner was put under probation for a period of 2 years and his appointment could be terminated during the period of probation by one month's notice. The duties of the petitioner were specified by the Officer-in-Charge and member Secretary in terms of his letter dated 17-8-92, pursuant whereto the writ petitioner was to remain responsible to the Officer in-Charge for any of the duties specified therein, and he was also to perform the duties relating to examination matters (both confidential or non-confidential) as may be assigned to him as and when required by the Chairman or the Officer-in-charge of the hoard with responsibilities. Despite the fact that the appointment of the writ petitioner was communicated by the said authority, and despite the fact that in terms of his duties assigned to him, the writ petitioner was to report to the Officer-in-Charge and member secretary, he immediately after his joining, took up a question with the concerned authorities that the holding of post by the incumbent concerned in the post of Officer-in-Charge cum Member Secretary was illegal, and he as Registrar was entitled to become the full-fledged member secretary.

(3.) For the aforementioned purpose, the writ petitioner issued a letter to the Chairman of the Board on or about 6-11-92 which is contained in Annexuree 'D' to the stay application. As he did not receive any reply, he sent a reminder on 1-12-1992 which is contained in Annexure 'E' thereto, in terms whereof he requested the said authority to abolish the post of Officer-in-Charge and Additional Officer-in-Charge from the board's office. In the said letter he, inter alia, prayed for :