CHANDRA NATH THAKUR Vs. BIHAR SANSKRIT SHIKSHA BOARD

JUDGEMENT

(1.) IN these three appeals, the judgment of a learned Single Judge In CWJC Nos. 5340 of 1987 and 5829 of 1987 is under challenge. L.P.A. Nos. 123 and 124 of 1988 have been preferred by the Writ Petitioner Chandra Nath Thakur whereas L.P.A. No. 127 of 1988 is on behalf of the Bihar Sanskrit Shiksha Board (in short 'the Board').

(2.) BUT having regard to the controversy involved, it is not necessary to state the facts in detail. Suffice it to say that appellant Chandra Nath Thakur was appointed as a teacher by the Managing Committee of the School. This is not in dispute that on or about 22.8.1981, the said school was recognized by the State of Bihar as Private Sanskrit High School. In the year, 1983, appellant Thakur was involved in a criminal case and non -bailable warrant of arrest was issued. The Managing Committee, therefore, having regard to involvement of Shri Thakur in the criminal cases and some other cases, in its meeting on 19.4.1984, adopted a resolution to suspend him and to initiate a departmental proceeding.

(3.) THE Managing Committee questioning the validity of the said order, filed CWJC No. 4540 of 1984 wherein the Court by order dated 9.11.1984 stayed the operation of the order of the Chairman. Thus, the old Managing Committee continued to function and ultimately on 26.9.1985, terminated the services of appellant Thakur by the order, contained in Annexure -4 to CWJC No. 5829 of 1987 and the order of termination was communicated through registered post. But despite the knowledge of the order of termination, Shri Thakur filed an application before the Chairman of the Board on 2.11.1985 for payment of his salary and ultimately by an ex -parte order dated 16.4.1987, the Chairman directed the Managing Committee to pay salary of Shri Thakur, which was challenged by the Managing Committee in CWJC No. 5829 of 1987, whereas CWJC No. 5340 of 1987 was filed on behalf of Shri Thakur for a writ of mandamus directing the Board to enforce the order of Chairman.