CHIITARANJANRVIAHATO Vs. ANIL KUMAR CHAKRABORTI

JUDGEMENT

(1.) THIS appeal arises out of a judgment of B. C. Ray J whereby the learned Judge allowed the writ petition filed by Dr. Anil Kumar Chakraborti, the principal of Jagannath Kishore College, purulia arid quashed the charge-sheets and the order of suspension.

(2.) ON December. 1, 1978, the respondent writ petitioner was appointed the principal of the Jagannath Kishore college, Purulia which is a Government sponsored College and affiliated to the university of Burdwan, on pay and allowances to be fixed by the Director of public Instruction, West Bengal. The governing Body of the College was reconstituted on December 27, 1978 and the respondent being the Principal was ex officio Secretary of the Governing body. By virtue of the Government order dated December 22,1964 issued toy the Deputy (Secretary Education Department, Government of West Bengal, the Principal of the Jagannath Kishore college is the Chief Administrative Officer and Drawing and Disbursing Officer of the College. The College being a Government sponsored College, it is governed by the terms and conditions as approved by the Government order dated October 31, 1956. Apart from the terms and conditions, the Government has also framed certain rules which will be referred to later.

(3.) THE case of the respondent was that in contravention of the rules of the Governing Body, some members of the Governing Body attempted to convene a requisition meeting of the Governing body of the College. The matter was referred to the Director of Public Instruction, Government of West Bengal by the respondent as the Principal of the College. Instead of giving any direction or making any clarification in respect of requisition meetings of the Governing Body of the College, the Director of Public Instruction called for an explanation from the respondent by his letter dated June 23, 1980. The requisition^ meetings convened on April 30, 1980 June 14, 1980 and September 6, 1980 could not be held as the notices for the said requisition meetings were illegal and not provided for in the' said Government order dated October 31, 1956 containing the rules for administration of the College. On December 24, 1980, the Director of Public Instruction requested the respondent to convene a meeting of the Governing Body of the College for discussing certain important matters relating to the College. It was further directed that the Government would depute an officer of the Education directorate who would be present at the meeting of the Governing Body as an observer. The respondent convened an ordinary meeting of the Governing body of the College on January 31. 1981 and an observer was sent by the Government to be present in the said meeting. Indeed, the observer participated in the deliberations of the meeting hold on January 31, 1981. In this meeting, matters which were not in the agenda were discussed and it was decided to hold a disciplinary proceeding against the respondent. The respondent was "also directed to be placed under suspension. A Committee was appointed to enquire into the charts mentioned in the resolution of the said meeting held on January St. 1981. It was also resolved in the paid meeting that a show-causn notice should be served upon the respondent mentioning the charges against him. Thereafter, a show-cause notice was served on the respondent pursuant to the said resolution. A second charge-sheet with different articles of charges was served upon the respondent with a forwarding letter dated April 28, 1981 of Shri C. R. Mahato and Shri M. M. Mondal, designated as Enquiring Authority, asking the respondent to appear in person before them on May 10, 1981 to- defend himself against the charges annexed to the said forwarding letter which, as stated before, are different from the earlier charges.