PRAHALLAD CHANDRA DAS Vs. NIKHILESH DAS

JUDGEMENT

(1.) The Writ petitioner has filed an application under the contempt of courts Act, 1971 read with under Article 215 of the Constitution of India against the respondents for taking appropriate action of their wilful, deliberate and contumacious act and/or violation of the order dated 6th June, 1996 passed by the Division Bench of the court in F.M.A.T. No. 499 of 1994.

(2.) The writ petitioner was appointed as Headmaster of Bhanderberia Debendra High School with effect from 16th February. 1961 which was approved by the Director of Public Instruction, Government of West Bengal vide order dated 6th September, 1965 with effect from the above mentioned date. Petitioner allegedly made certain complaints against high-handed, arbitrary and illegal action of the then secretary of the school.

(3.) Therefore, the Secretary along with his other supporters is said to have Gheraoed the petitioner on 1.12.1988 in his Office Room of the School and demanded the petitioner to tender resignation from the post of Headmaster. Therefore, the petitioner under constant threat, duress and compulsion, finding no other way submitted resignation. The petitioner, thereafter, made a representation to the District Inspector of Schools about the alleged resignation and narrated the circumstances under which he was forced to submit the said letter of resignation. It appears that the resignation sent by the petitioner was accepted by the Managing Committee in its resolution dated 4.1.1989.