SEIKH SAIFUDDIN MONDAL Vs. STATE

JUDGEMENT

(1.) IN this revision-al application one Sheikh Saifuddin Mondal, Secretary of Parui Union Amzad High School, is challenging the validity of an order dated March 5, 1976, passed by the Chief Judicial Magistrate, Birbhum, whereby he stayed further proceedings of the criminal case pending before him till the disposal of an appeal pending before the Appeal Committee of the West Bengal Board of Secondary Education.

(2.) IT appears that on an information being lodged with the police by the then Secretary of the aforesaid school as against the opposite party Jamaluddin Ahmed an investigation was taken up as to how far the allegations of criminal breach of trust by the opposite party, who happened to be the Head Master of the school in respect of the school funds, are correct or not. Such an investigation being conducted the police found out a prima facie case as against the opposite party and submitted a charge sheet under sections 406 [408 of the Indian Penal Code. On the charge sheet as aforesaid the learned Magistrate took cognizance of the offence alleged to have been committed by the opposite party and the case was adjourned for framing of a charge. At this stage the opposite party filed an application praying that further proceedings in the criminal case should be stayed pending an appeal preferred by him to the Appeal Committee of the West Bengal Board of Secondary Education which is yet pending.

(3.) IT is not in dispute that service of the opposite party as the Head Master was terminated by the managing committee on various grounds including a ground that he was found guilty of misappropriating the fund of the school. It is also not in dispute that being aggrieved by the said order of termination of his service the opposite party has preferred an appeal before the Appeal Committee of the West Bengal Board of Secondary Education under section 22 of the West Bengal Board of Secondary Education Act, 1963.