D.Basu, J. - (1.) This petition under Article 226 of the Constitution brings before the Court a somewhat queer story about a Primary School teacher.
(2.) The petitioner was appointed a teacher of the Kiol Primary School, by the District School Board (Respondent No. 11, under Section 23 (1) (g) of the Bengal (Rural) Primary Education Act 1930. The petitioner, on account of his alleged grievances regarding non-payment of some arrears of salary, went on hunger strike from 7-8-1963 and squatted on the premises of the District School Board while on hunger strike which continued until 16-8-1963. when he was bodily removed by the Police from such premises to the judicial lock-up, and a criminal case was started against the petitioner under Section 448 of the Indian Penal Code.
(3.) While he was still on hunger strike at the premises of the School Board, on 13-8-1963, he was served with the charge-sheet in Ann. A, containing as many as 16 charges and asking him to show cause within three days from the receipt thereof. The petitioner's case is that owing to his ill health on account of this hunger strike and of want of materials, it was not possible for him to show cause within the unreasonably short period of three days allowed for the purpose and this was communicated by the petitioner to the Secretary of the School Board, the same day (which was the 7th day of his hunger strike), by the letter at Ann. B. It appears that notwithstanding this letter, the authorities proceeded with the charges, and, on 19-10-1963, the School Board passed the order at Ann. D, dismissing the petitioner, with effect from the afternoon of that very day, finding the petitioner guilty of all the charges, -and having "considered the report of the District Inspector of Schools (respondent 2)............... regarding the conduct and behaviour or the petitioner and the petitioner's letter at Ann. B, which was taken to be his explanation to the charges.;