J.K. Biswas, J. - (1.) In this Letters Patent appeal the sole writ petitioner is the appellant. His writ petition [C.R. No. 5728 (W) of 1983] was dismissed by the learned single Judge by judgment and order dated August 12th, 1996.
(2.) As in July 1981 the appellant was working as Headmaster of Aswini Pally High School at Barasat of the District 24-Parganas (now North 24-Parganas). With effect from January 15th, 1981 the school was under the management and control of an administrator, who issued a charge-sheet dated July 27th, 1981 against the appellant. Levelling twenty-seven charges the administrator asked the appellant to show cause why disciplinary action should not be taken against him. The charges levelled in this charge-sheet were: - (a) fabrication and forgery of records of the school, (b) misappropriation of school funds, etc.
(3.) The appellant was a member of the teaching staff of the school, which was a recognised non-Government aided secondary school. Hence the disciplinary action proposed against the appellant could have been taken only in terms of sub-rule 8 of rule 28 of the Management of Recognised on-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to as ?the Rules?). The rules were framed by the State Government in exercise of its power conferred by section 45 of the West Bengal Board of Secondary Education Act, 1963, sub-rule 8 of rule 28 of the Rules reads as follows: "(8) Both in aided and unaided institutions the committee shall have the power, subject to the prior approval of the Board, to remove or dismiss permanent or temporary teachers and other employees. For this purpose the committee shall first draw up formal proceedings and issue charge-sheet to the teacher or the employee concerned and offer him reasonable facility for defending himself. The teacher or the employee proposed to be proceeded against shall submit his explanation, ordinarily, within a fortnight of the receipt of the charge-sheet. The committee shall send to the Board all relevant papers including the charge-sheet, explanations submitted by the teacher or the employee concerned and the reasons for which the committee decides in favour of taking disciplinary action. If the Board considers that there are sufficient grounds for taking disciplinary action the committee shall issue formal notice calling upon the teacher or the employee concerned to show cause, ordinarily within a fortnight why he should not be dismissed or removed from service. The committee shall, then, send again to the Board all relevant papers including the explanation submitted by the teacher or the employee concerned and the recommendations of the committee for the action proposed to be taken. So far as the committee is concerned, the decision of the Board shall be final; Provided that the Board may delegate to any committee constituted under section 24 of the Act the powers and functions conferred on the Board by this sub-rule.";