ABDUL HAMID Vs. DISTRICT SCHOOL BOARD 24 PARGANAS

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution. for a writ in the nature of Certiorari for quashing an order of discharge from service passed against the petitioner and also for a writ in the nature of Mandamus directing the Respondents to forbear from giving effect to that order. The case of the petitioner is that in October, 1939 the petitioner was permanently appointed as a Second Teacher of the Dadpur Free Primary School by the District School Board, Respondent No. 1. In 1941 he was promoted to the rank of Head Teacher. In Sept., 1949 the petitioner was appointed permanently as Assistant Teacher of Korapara Basic School in the district of 24-Parganas by the Respondent No. 1. In Nov., 1950, the petitioner was transferred to Saibana Basic School as Assistant Teacher. While the petitioner was working at Saibana as such Assistant Teacher he was arrested by the police of the Barasat Police Station on suspicion on the 15th' July. 1951 in connection with a criminal case which was pending in the court of the Sub-Divisional Officer at Barasat being Case No. G. R. No. 471 of 1951 under sections 395J397 of the Indian Penal Code in respect of an alleged dacoity on the night of the 3 4th July, 1951 at Manikpore. On the 36th July, 1951 the said Saibana Basic School was closed for the Rainy Season Vacation. On the 27th July, 1951 the petitioner was released on hail. After the School re-opened on the 3rd Aug., 1951 the petitioner resumed his duties as Assistant Teacher. It is alleged that the petitioner was thereafter allowed to perform his duties upto the 22nd of August. 1951, after which ho was debarred from putting his signature to the attendance register maintained by the School On the 22nd of September. 1951. the Head Master of the Saibana Basic School directed the petitioner to submit a report in respect of the charges for which the petitioner had been arrested by the Police. On 15th Oct., 1951. the petitioner submitted his explanation and it appears that on the 13th November. 1951 the petitioner was discharged from the said criminal case and immediately thereafter on the 15th Nov., 1951 the petitioner forwarded a copy of the said order of discharge made by the Sub-Divisional Officer. Barasat, to the Sub-Inspector of. Schools, Barasat Circle the then District Inspector of Schools, and the Secretary (Respondent No 3), and the Director of Public Instruction (Respondent No. 5). Thereafter there was some further correspondence between the petitioner and the School authorities and ultimately on the 18th of April. 1952. an order of discharge was passed to the following effect :

(2.) After some representations to the Director of Public Instruction and the Secretary, District School Board, the petitioner preferred an appeal against the order of discharge to the Director of Public Instruction Respondent No. 5. on the 8th -January, 1954, but as the petitioner did not get any relief in the appeal or on the representations that he made to the Secretary and to the Director of Public Instruction he moved this Court under Art. 226 of the Constitution and obtained the present Rule on the 1st June. 1954.

(3.) An affidavit-in-opposition affirmed by the District Inspector of School has been filed on behalf of Respondents 2 to 5. Although this affidavit was affirmed on the 12th July. 1954, a copy of this affidavit was served on the petitioner only on the 6th June, 1957, with the result that no affidavit-in-reply has been filed on behalf of the petitioner.