BISWANATH BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner, was, in 1951, appointed Office Superintendent of the Board of Secondary Education (to be referred to as 'the Board), a statutory corporation set up by the West Bengal Secondary Education Act, 1950 (hereinafter referred to as the Act of 1950' ). He had several promotions thereafter with which we are not concerned. By the W. B. Secondary Education (Temporary Provisions) Act, 1954 (hereinafter referred to as 'the Act of 1954'), the Board was superseded and its powers came to be exercised by an administrator appointed by the State Government, but the Act of 1950 was otherwise left in tact. In 1962, the petitioner was appointed Secretary of the Board on probation, by the then Administrator, and he was confirmed in that post by the latter in August, 1963 (Ann. A, p. 14 of the petition ). The West Bengal Board of secondary Education Act, 1963 (hereinafter referred to as 'the Act or 1963') came to be passed in the meantime (20th February. 1963) and it came into force on 1st of January, 1964. As I have explained in my judgment in (1)Adwaitya v. President Board of Secondary Education [c. R. 1392 (W) of 1964 since reported in (1967) 71 CWN 396], the Act of 1963 is a repealing and reacting measure, - having repealed and replaced the Act of 1950. The reasons given therein in this behalf may be taken as part of the judgment in the instant case. The Act of 1963 reproduced, with changes, many of the provisions of the Act of 1950 and provided for a new Board of Secondary Education which, too, was to be a statutory corporation, under a greater control to be exercised over it by the State Government man under the Act of 1950.

(2.) ON 7. 11. 66, the petitioner was served with the impugned order at Ann. B, page 15, dispensing with his services with three months' salary in lieu of notice. The order, dated 5. 11. 66, reads as follows. "in exercise of the power conferred by rule 8 of the West Bengal Board of Secondary Education (appointment of Secretary) Rules, 1963, the Governor is pleased to dispense with the services of Shri. Biswanath Banerjee, Secretary of the West Bengal Board of Secondary Education, with immediate effect on payment of three months' salary in lieu of notice. " a cheque for Rs. 3,600/- was enclosed with the notice in payment of the three months' salary. Petitioner, however, returned the cheque and demanded justice, challenging the impugned order as ultra vires, and, on 10. 11. 66, came to court and obtained this Rule.

(3.) SEPARATE affidavits-in-opposition have been filed on behalf of (a)respondents 1 (St. of West Bengal) and 5 (its Secretary); (b) respondent 2, the Board ; (c) respondents 3-4, President of the Board and (d) respondent 6, the Secretary newly appointed by the Board,