Decided on June 11,1996

Jayanti Bandopadhyay Appellant


S.B. Sinha, J. - (1.)This appeal is directed against an order dated 13th Dec., 1983, passed by B.C. Basak, J. as his Lordship then was in Civil Order No. 12354(W) of 1983, whereby and whereunder the writ-application of the appellant was dismissed in limine. The facts of the matter are undisputed.
(2.)The petitioner was Headmistress of Kanthapara Bhagini Nivedita Balika Vidyapith (hereinafter referred to as the 'said School'). As the venue of the said School (sic) have filed a writ petition being Civil Rule No. 3147(W) of 1982. A vakalatnama was sought to be obtained from the petitioner-appellant by Sri Ajit Kumar Bhattacharjee, who was the then Administrator of the said School. The petitioner-appellant executed the said vakalatnama, but the petitioner-appellant later on having come to learn about the dispute, wanted to support the case of the writ-petitioners in CR 3147(W) of 1982. The appellant has contended that on 3rd May 1982, the Administrator entered into the said School and forcibly took away keys of the almirah with the help of other two teachers, whereafter a general diary being G.D. 159 dated 3.5.1982 was lodged with Naihati Police Station. The appellant apprehended that some action would be taken up by the said Administrator and the thereafter requested her lawyer to refer the matter before Justice B.C. Ray, as His Lordship then was. Thereupon the following order was passed:-
"after hearing Mr. Banerjee and Mr. Basu there will be further interim order to the extent that the respondents are restrained from passing any order suspending the respondent No. 8 from service until further order of this Court."

The said order was communicated to the respondents. The appellant, however, did not attend the school for some time and when she intended to resume her duties she was prevented from doing so, in respect whereof another general diary being G.D. Entry No. 854 dated 15.5.1982 was lodged. The appellant was allegedly put under suspension. A charge-sheet was also issued against her. In the meanwhile, for alleged violation of the aforementioned order, a contempt application was also filed. The appellant questioned the said charge-sheet by filing a writ application which was marked as C.O. 12354(W) of 1983, wherein the following prayers were made:-

"(a) A writ of and/or a writ in the nature of mandamus commanding the respondents to show cause why the order contained in Memo No. 47 dated 3.5.1982 (Annexure II to the petition) order and/or letter dated 11.3.1983 issued by the Secretary, Kanthalpara Bhagini Nivedita Balika Vidyapith i.e. respondent No. 8 (Annexure 'J' to the petition) and also Memo No. 218/G dated 6.1.1983 issued by the Secretary, West Bengal Board of Secondary Education (referred in Annexure J to the petition) should not be quashed, set aside, and/or rescinded and also directing the respondents to allow the petitioner to resume her duties as Headmistress and to release her salary up to date;

(b) A writ of and/or a writ in the nature of certiorari to produce entire records relating to the Memo No. 47 dated 3.5.1982 (Annexure H to the petition) issued by the then Administrator i.e. predecessor of the Managing Committee letter dated 11.3.1983 issued by the present Secretary i.e. respondent No. 8 (Annexure J to the petition) and also the Memo No. 218/G dated 6.1.1983 issued by the Secretary, West Bengal Board of Secondary Education and other records of the Board touching the affairs of the school before the Honourable Court and to certify them so that conscionable justice may be administered by quashing the same."

(3.)The learned trial Judge dismissed the application on the ground that no case has been made out for issuing of any rule or any interim order and the petitioner-appellant's remedy, if any, lies in making an application for contempt which has been filed.

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