Subhro Kamal Mukherjee, J. - (1.) Gobardhan Manna, since deceased, was an Assistant Teacher of Namkhana Narayan Vidya Mandir. The West Bengal Board of Secondary Education appointed him as the examiner in respect of Higher Secondary Examination, 1974 for examining English second paper scripts. He was allotted 200 answer scripts. While the answer scripts were under his custody, he came to Calcutta for treatment of his son. During his temporary absence, 45 answer scripts were stolen from his residence. A criminal case was initiated against him under Sections 467, 511, 109 and 120B of the Indian Penal Code. The school authorities placed him under suspension on July 20, 1974 on account of pendency of the criminal case against him. However, by order dated August 10, 1979 the learned Judicial Magistrate, First Class, Purulia acquitted him holding, inter alia, that he was not guilty of the charges framed against him. Gobardhan Manna requested the school authorities to revoke the order of suspension and to accord permission to him to join the school, but his prayer was not granted.
(2.) In the aforesaid background, an application under Article 226 of the Constitution of India (writ petition in short) was moved by the said Gobardhan Manna challenging the decision of the school authorities in placing him under suspension and in not revoking the same after his acquittal from the criminal charges. The writ petition was registered as Civil Rule No. 1299 (W) of 1982.
(3.) In spite of service of the notice of the Rule, West Bengal Board of Secondary Education did not come forward to contest the Rule, but the school authorities filed their affidavit-in-opposition to the writ petition wherein it was, inter alia, stated that the proposal to terminate the service of the writ petitioner has been approved by the Board in the meeting dated September 19, 1985 and the approval was communicated by the Board to the school under Memo No. 7296/G dated December 2, 1985. It was stated that, accordingly, the school has terminated the service of the writ petitioner with effect from January 1986.;