LAKSHMAN SHASTRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was employed as a Head Pandit in the Government-aided Balbhadra Multi-purpose High English School, Babhangama, in Muzaffarpur District (hereinafter to be referred to as the School). By a resolution of the Managing Committee of the school, dated the 9th December, 1959, he was discharged from service. Information relating to this discharge was conveyed to him by the Secretary in his letter No. 478, dated the 10th December, 1959 (annexure XIII to the main application). The petitioner filed an appeal before the President of the Board of Secondary Education (hereinafter to be referred to as the Board). The Regional Deputy Director of Education, Tirhut Division, Muzaffarpur, called upon the petitioner as well as the Secretary of the School to appear before him, along with all their documents and witnesses, on the 11th June, 1961. The petitioner examined five witnesses before him. He also produced some documents on the 2nd July, 1961. After fully hearing the parties, the Regional Deputy Director submitted his report to the President of the Board, who, by an order dated the 5th August, 1961, rejected the appeal. The petitioner has filed the present application in this Court on the 25th September, 1961. He has prayed for issue of a writ of certiorari, quashing the order dated the 10th December, 1959, of the Secretary (Managing Committee) of the Balbhadra High English School, whereby he discharged the petitioner from service as a teacher in the school with effect from the 9th December, 1959, and also the order of the President of the Board, whereby he rejected the appeal. As I have already mentioned, the Secretary did not pass an order of discharge; but by his letter dated the 10th December, 1959, he merely conveyed to the petitioner the resolution of the Managing Committee dated the 9th December, discharging the petitioner from service with effect from the 9th December. 1959.

(2.) I may now briefly mention the material facts of the case. The petitioner was appointed temporarily as a Head Pandit in the school in January. 1953. He was made permanent in 1957.

(3.) It is stated on behalf of the opposite party in the counter affidavit that, at a meeting of the Managing Committee held on the 30th September, 1959, under the Presidentship of the Sub-divisional Officer of Silamarhi (ex-officio President of the Committee), the Committee suspended the petitioner with effect from noon on the 1st October, 1959, and directed an explanation to be called for from the petitioner relating to certain charges which were framed against him. It also appointed a subcommittee of four of its members to enquire into the charges.