- (1.) Action taken by the Managing Committee of the school (the Appellant) on 23/11/2010, asking the Respondent No. 7 to make over the responsibility of the Teacher-in-Charge in favour of Shri Mahabir Prasad Jain has formed the subject matter before the Hon'ble Trial Court in connection with W.P. No. 23673(W) of 2010. It was on the premises that the same was done in an ex parte fashion without giving an opportunity of hearing and without following the relevant rules.
(2.) Shri Bhattacharya, who has assailed the order of the Hon'ble Single Judge passed on 08/12/2010 in this Appeal, has mainly submitted since the Respondent No. 7 was simply Teacher-in-Charge, he did not have any indefeasible right on the said post. He was found guilty of some irregularities, for which the Managing Committee has absolved him from the said responsibility and put in Shri Mahabir Prasad Jain in his place. According to Shri Bhattacharya, neither this can be termed as removal or suspension so as to attract the procedures as known to Rule 28 of the Management Rules.
(3.) Shri Bhattacharya has placed before us in minute details, the entire aspect of the issue relating to the appointment of the Respondent No. 7 and his subsequent change to the post of Assistant Teacher. He has shown from Page 64 of the Stay Petition that notice of the meeting was duly received by him but as he did not attend unanimous resolution was taken keeping in mind his past conduct.;