BISHU PADA SAHU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner-Appellant was appointed as a Headmaster at Harinarayan Chak Vidyamandir (hereinafter referred to as the School). Allegedly on the ground that he had defalcated a huge amount, a criminal case was instituted against him. Allegedly he absconded with effect from Feb. 25, 1976. However, according to the Petitioner, he was prevented from joining the school. He preferred an appeal before the Appeal Committee on Aug. 29, 1979 constituted under the provisions of West Bengal Board of Secondary Education Act, 1963 which was registered as Appeal No. 89 of 1979. At that point of time, an administrator appointed by the Board was running affairs of the school. The Petitioner has contended that he was also advised by the then Secretary of the School by a letter dated March 10, 1976 not to come to the School unless the situation becomes normal as otherwise his life would be in danger. The said appeal having not been disposed of, the Petitioner filed a writ petition which was registered as CO. No. 14505(W) of 19982 and the same was disposed of by an order dated Dec. 24, 1982 by directing the Appeal Committee to dispose of the said appeal. The said appeal was dismissed by an order dated Sept. 3, 1983. In the order it had been noticed that the Petitioner misappropriated governmental money amounting to Rs. 80,000.00 and he had been absconding since Feb. 24, 1976 after a complaint was lodged with the Panskura Police Station. However, the said Appeal was dismissed on the ground that no order had been passed by the Managing Committee and as such the Petitioner was free to make an attempt to join the school and in the event, if he is not in a position to join, he may inform the Directorate of the Board of Education, Pursuant thereto, the Petitioner expressed his intention to join the school by a letter dated Nov. 18, 1983. The Administrator, however, by a letter dated Nov. 29, 1983 replied:

(2.) The Petitioner, it appears, has not questioned the legality or validity of the said order. However, by a letter dated Nov. 29, 1983 the Administrator refused to allow the Petitioner to join the School stating that he in terms of Rule 11 of the Leave Rules would be deemed to have resigned from services. The said order is contained in Annexure 'G' to C.R. No. 2107(W) of 1984.

(3.) The Petitioner filed a writ application questioning the said order. Although an interim order was passed, therein the same was vacated by an order dated March 2, 1984 where againstan appeal being F.M.A.T. No. 671/ 84 has been filed. The Petitioner filed another writ application questioning another order passed by the administration which was marked as C.R. 7059(W) of 1984, U.C. Banerjee J. (as His Lordship then was) dismissed the writ application summarily stating: