GOUR CHANDRA ADHIKARY & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-2-463
HIGH COURT OF CALCUTTA
Decided on February 23,2012

Gour Chandra Adhikary And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

ASHIM KUMAR BANERJEE,J. - (1.) The Managing Committee usually functions through the Secretary, who is charged with defalcation of Government fund to the extent of Rs. 4 lakhs. Drawing and Disbursing Officer was appointed on the recommendation of the State through the Director of School Education. The Board superceded the Managing Committee. The appellant/Managing Committee approached the learned single Judge by filing a writ petition. His Lordship set aside the order of the Board on the ground of violation of principles of natural justice. Pertinent to note, the Board passed the order without hearing the affected parties. The learned Judge, however, retained the Drawing and Disbursing Officer. His Lordship asked the District Inspector of Schools to function as Drawing and Disbursing Officer.
(2.) Hence, this appeal by the Managing Committee.
(3.) Mr. Golam Mastafa, learned Counsel appearing for the appellants, contends that once the learned Judge was satisfied that the Managing Committee was illegally superceded, there was no reason to restrict the function of the Managing Committee by appointing Drawing and Disbursing Officer.;


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