- (1.) The petitioner who is the Principal of Jagannath Kishore College, Purulia had challenged in this writ petition the order of suspension as well as the chargesheet contained in the resolution of the meeting of the Governing Body of the said college held on 31.1.81 as well as the second charge-sheet sent to the petitioner by letter dated 28.4.81 on the grounds that the said chargesheets are vitiated by closed mind, bias and the second charge-sheet is contrary to the charge-sheet served early.
(2.) The facts of the case in short is as follows :- The petitioner was appointed as a Principal of Jagannath Kishore College. Purulia which is a Government Sponsored College against a permanent vacancy on 1st of December, 1978. The terms of appointment was that he would remain Principal for one year with effect from the date of his joining the post on probation and confirmation and other conditions of his service will be guided by the West Bengal College Teachers' (Security of Service) Act, 1975 and the rules framed thereunder in addition to the government orders and statutes/regulations/rules/ordinances, Act of the University of Burdwan. The college is affiliated to the University of Burdwan. The Governing Body of the of the College was reconstituted on 27th of December, 1978 and the petitioner as Principal was the Ex-officio Secretary of the Governing Body. The college being a Government Sponsored College it is governed by the terms and conditions of a sponsored college as approved in G.O.No.11173 Edn./4C-147/56 dt. 31st October, 1956 a copy of which is annexed as annexure 'A' to the petition. In accordance with the said rules the principal of the college is the Chief Administrative Officer and Drawing and disbursing officer of the said college. In contravention of the rules of the Governing Body some members of the Governing Body attempted to convene a meeting of the Governing Body of the said college on requisition and this matter was referred to the Director of Public Instruction, Government of West Bengal on 23rd April, 1980 for his opinion and necessary action. Instead of giving any opinion or direction and clarification in this matter the Director of Public Instruction sought an explanation from the petitioner on 23rd June, 1980. The petitioner gave a reply to the same. On 24th of December,1980, the Director of Public Instruction, Government of West Bengal requested the petitioner to convene a meeting of the Governing Body of the said college in order to enable important matters relating to the college to be discussed. It has also been stated in the said letter that the Government will depute an officer of the Education Directorate who will be present at the meeting of the Governing Body as an observer. An ordinary meeting was convened on 31st January, 1981 by the petitioner and an observer was sent by the Government to be present in the meeting and he participated in the deliberation of the meeting which was contrary to the provisions of the rules and regulations. In this meeting matters which were not in the agenda were discussed and it was decided to hold disciplinary proceeding against the petitioner and the petitioner was placed under temporary suspension. A committee was appointed to enquire into the charges mentioned therein against the petitioner. It was also resolved in the said meeting to serve a show cause notice upon the petitioner mentioning the charges against him and the show cause notice was served on him in the said meeting. It has been pleaded that his resolution of the Governing Body adopted in this meeting held on 31st January, 1981 is highly illegal and without jurisdictions it is in clear violation of the terms and conditions of the sponsored college approved as contained in G. O. No. 1173-Edn/40-147/56 dated 31.10.56. It has also been pleaded that the resolution of the Governing Body placing the petitioner under temporary suspension and holding enquiry against him is in violation of the terms and conditions of the sponsored college as amended under section 19 of the West Bengal College Teachers' (Security of Service) Act, 1975. It has also been stated that the said resolution adopted by the members of the Governing Body for initiating disciplinary proceeding against the petitioner is malafide and violative of the provisions of the West Bengal College Teacher's (Security of Service) Act, 1975 and the rules framed thereunder. It has also been further submitted that the order of suspension is a penalty in accordance with the provisions of the said Act and the said order of suspension is illegal as the same has been made without complying with the mandatory provisions of the said Act and the rules framed thereunder. It has also been pleaded that the first chargesheet contained in the resolution dated 31st January, 1981 is vitiated by bias and closed mind. It has also been submitted that the second chargesheet which was later served by the petitioner by letter dated 28th April, 1981 by the members of the Enquiry committee is illegal and bad as the same is contrary to the first chargesheet and it is materially different form the first chargesheet. Moreover, from the said chargesheet, it does not appear from the said chargesheet, it does not appear from the resolution of the Governing Body of the college who is the appointing authority of the petitioner, was framed by the disciplinary authority and so it is also bad. It has also been submitted that the second chargesheet was serve in order to fill up the lacuna in the resolution of the Governing Body and the Chargesheet framed against the petitioner in the meeting dated 31st January, 1981. The second chargesheet is also motivated and malafide. The second chargesheet is annexed as annexure J to the petition. The petitioner sent a reply on receipt of the chargesheet is contrary to the first chargesheet it is useless to send a reply to the first chargesheet framed against him on 31st January, 1981. It has also been submitted that the chargesheet prove the closed mind of the authority and as such it is not sustainable in law.
(3.) On these statements and allegations the instant rule was issued and there was an interim order to this extent that if any order of dismissal or discharge of service or any penal order is made the same shall not be given effect to until further orders and this interim order was initially made for a period of three weeks from the date of issuance of the Rule with liberty to pray for extension of the said interim order on notice to the respondents. On 22nd of September, 1981, after hearing the learned advocates for the parties the interim order was modified to the extent that the college authorities may conclude the enquiry and pass the final order but such final order would not be given effect to until further order of this court. The college authority was also directed to pay all arrears and current subsistence allowance to the petitioner.;