Sambuddha Chakrabarti, J. - (1.) The petitioner is aggrieved by the order passed by the appeal committee of the West Board of Secondary Education as communicated by the Secretary to the said Board setting aside the order of dismissal passed by the Managing Committee of the concerned school against the respondent No. 1 and directing the said respondent to be reinstated in service.
(2.) The facts of this case, put in a brief compass, was that the respondent No. 1 is an assistant teacher of Howrah Rabindra Vidyamandir (H.S.). He was charged with bigamy in a criminal case and in the trial that followed he was convicted and sentenced to simple imprisonment for one year with fine of Rs. 3,000/-. An appeal therefrom had failed. Ultimately this court in revision set aside the sentence of imprisonment but directed him to pay a fine of Rs.5,000/- with a default clause.
(3.) After receiving a complaint about the bigamy committed by the respondent No. 1 the school authorities decided to initiate disciplinary proceeding under Rule 28(8) and (8a) of the Management of recognised Non-Government Institutions (Aided and unaided) Rules, 1969 (the Rules, for short).;