PULIN BEHARI MAITY Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION AND ORS.
HIGH COURT OF CALCUTTA
PULIN BEHARI MAITY
West Bengal Board Of Secondary Education And Ors.
Referred Judgements :-
TATA CELULAR V. UNION OF INDIA
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Satyabrata Sinha, J. -
(1.)This appeal is directed against a judgment and order of a learned Single Judge of this Court dated 9th March, 1994 passed in Matter No. 2204 of 1987 whereby and where under the said learned Court dismissed the writ application filed by the petitioner/appellant. The fact of the matter lies in a very narrow compass.
(2.)On 8.6.1985 the petitioner/appellant submitted his resignation which was accepted by the Administrator on 25.7.1985 with effect from 2.2.1985. The contention of the petitioner was that the aforementioned letter of resignation was obtained by coercion. As against the aforementioned decision the petitioner preferred an appeal purported to be in terms of Regulation 3 of Appeal Regulations framed under and/or in terms of West Bengal Board of Secondary Education Act known as West Bengal Board of Secondary Education (Manner of Hearing and Deciding Appeals by Appeal Committee) Regulations, 1964 (hereinafter referred to as 'the said Regulation'). By reason of the order as contained in Annexure 'L' to the writ application, the Appeal Committee dismissed the said appeal holding that the aforementioned letter of resignation submitted by the petitioner was not under duress. Before the learned Trial Judge the learned counsel appearing on behalf of the respondents inter alia, submitted that the petitioner would be entitled to all retrial benefits. The learned Trial Judge having regard to the facts and circumstances of the case refused to exercise his discretion in the matter.
(3.)Mr. Bikash Ranjan Bhattacharjee, learned counsel appearing on behalf of the appellant/petitioner has raised a short question in support of this application. The learned counsel has taken us through the order passed by the Appeal Committee and submitted that keeping in view the fact that District Inspector of Schools, inter alia, held that the appellant became a victim of circumstance, he should not have at the same breath come to the conclusion that it was not unnatural for him to tender his resignation on his own accord.
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