MIHIR KUMAR DATTA Vs. AD-HOC COMMITTEE, PRACHYA BHARATI (HIGH SCHOOL), AGARTALA, AND OTHERS
LAWS(GAU)-1958-12-7
HIGH COURT OF GAUHATI
Decided on December 09,1958

Mihir Kumar Datta Appellant
VERSUS
Ad -Hoc Committee, Prachya Bharati (High School), Agartala, And Others Respondents




JUDGEMENT

J.N. Datta, J.C. - (1.)THIS is a petition under Art. 226 of the Constitution and is directed against the order terminating the services of the petitioner, who was holding the post of Assistant Head Master, in the Prachya Bharati High School, at Agartala.
(2.)THE High School in question is a Private School, receiving grant -in -aid from the Government. The petitioner who is a graduate but does not hold the degree of B.T. or any other equivalent degree, was appointed as a Assistant Teacher on 1 -2 -1951, and was confirmed in that appointment on 6 -9 -51, receiving the biannual increment. On 8 -2 -1952 the post of Asst. Head Master fell vacant, due to the resignation of the holder of that post, and the petitioner was promoted to that post, temporarily in order of seniority. Later on 29 -5 -53, he was made permanent in that post, by a resolution of the Managing Committee, and also drew an increment of pay.
It was alleged by the petitioner in his petition that on 29 -6 -53, he got himself admitted to the B.T. Training College, Santiniketan, but the Managing Committee did not allow him to join, as his services could not be spared at the time. This was however controverter in the affidavit of the opposite party.

(3.)ON 17 -7 -56, he was served with an order from the Secretary of the Managing Committee, that his presence in the School, being considered dangerous, he was granted two months leave with full pay pending the decision of the Managing Committee, as to the action to be taken against him, and debarred from entering the school premises. The petitioner protested against that order, and later also gave a notice, but without any result.


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