- (1.) THIS writ petition is directed against the following orders: (a) A decision of the Appeal Committee of the West Bengal Board of secondary Education as contained in letter No. S/27 dated 21st May, 1971 of the Secretary of the said Board. (b) An Order contained in letter No, S/ 489 dated 28th August, 1974 of the said Board. (c) An order contained in the letter dated 29th August, 1974 of the administrator of Pingla Krishna Kamini Institution,midnapore of (d) An order of the Appeal Committee of the said Board contained in letter no. 8523/g/l dated 10th September 1975 of the Secretary of the said board. (e) An order of the Appeal committee of the said Board contained in letter no. 768/g/l dated 1st February. 1977'of the Secretary of the said board.
(2.) IN view of the facts and circumstances of this case, the orders are now required to be quoted below : - (a) The decision of the Appeal Committee of the Board dated 21 st May, 1971 as follows : - " (a) I am directed to forward herewith the entire decision of the appeal Committee of the Board taken in its meeting held on 18th may, 1971. Items no. 32 and 33 : - These two cases have been taken together as the facts of the two cases are the same. The case of the appellant in item no. 32 (Bibhuti Bhusan Maity) is that he was working as the Assistant Headmaster of the school with effect from 16/3/1947. On 12/11/61 he was forced to submit a letter of resignation under duress by the President and other members of the Managing Committee and also some local people. The case of the appellant in item no. 33 (Bhutnath Patra) is that he joined the school as headmaster on 1/2/61. On 12/11/67, he was forced by the President and some members of the Managing Committee along with some other people to sign a letter of resignation. He was also forced to give the date as 14/11/67. On the next date i. e. 13/11 /67, both the appellants met the D. I. of Schools, midnapore and narrated the incident. A thorough enquiry was made by the d. I. of School, Midnapore. He met several persons during the enquiry. In his report it is stated that the fact of tendering resignation under duress was corroborated by students, teachers and other members of the public and also by circumstantial evidence. The D. I. of Schools came to the conclusion after enquiry that the way in which the appellants were removed from their respective posts had been quite illegal and also inhuman. He recommended immediate reinstatement of the appellants. The present Administrator of the school also says that the resignation of the appellants were obtained by force. He believes the case of the appellant to be true. He has also filed a statement before the Appeal Committee. Considering the facts and circumstances of the case, it is quite clear that the resignation letters were obtained under duress and by force and threat of physical violence. The prayer for reinstatement should, therefore, be allowed. RESOLVED : that the prayer for reinstatement in both the cases be allowed. The appellants in both the cases be reinstated from 12/11/67. They will receives from the school all their dues for the entire period except the period during which they were in service, if any, elsewhere. You are, therefore, requested to comply with the aforesaid order of the appeal Committee of the Board immediately under intimation of compliance to the Board. " (b) An Order No. S/489 dated 28. 8. 71 as follows : - " (b) I am directed to draw your attention to this office Memo No. S/27 dated 21/5/71 communication decision of the appeal Committee in respect of sri Bhutnath Patra and Sri Bibhuti Bhusan Maity and to state that the Hon'ble high Court was pleased to dismiss the appeal and rejected the prayer for stay of operation of the orders passed in the case preferred by Sri Chakraborty and sri Das against the decision of the Appeal Committee.
(3.) AS there stands no legal bar now. you are requested to give effect to the decision of the Appeal Committee by reinstating Sri Patra and Sri Maity in their respective posts as Headmasters and Assistant Headmaster of the school". (c) An Order dated 28/8/74 as follows : - " (c) As per judgment dated 19/8/74 of the Hon'ble High Court vide Case no. 149 of 1974 and Memo No. S/489 dated 28/8/74 of the West Bengal Board of Secondary Education Sri Bhutnath Patra, Headmaster, Pingla K. K. Institution has resumed the duties on and from 29/8/74. You are hereby directed to make over all the charges including the keys and all relevant documents etc. in regard to the Administrator of the School to Sri Bhutnath patra, Headmaster, Pingla K. K. Institution within a week from a date of issuing this letter. This is for your information and taking necessary action. " (d) An Order No. 8523/g/i dated 10/9/75 as follows : - " (d) I am directed to forward herewith the entire decision of the Appeal committee of the Board taken in its meeting held on 26/7/75. These two cases are taken up together as the same questions of law are involved in them. In these two cases the appellant Sri Anil Kumar Das and Sri Sudhir chandra Chakraborty have prayed for ad interim stay order. A letter has been received from the respondent praying for time. It cannot be allowed. The prayer is rejected. Heard the parties. The case of the appellant, is that their service were terminated by an order of the Administrator. By an order of the Appeal Committee Sri Bhutnath patra and Sri Bibbuti Bhutan Maity were reinstated to the posts of headmaster and Assest in Headmaster respectively and as a consequence the administrator asked them to vacate their office. No order for stay can at this stage be granted. The prayer is rejected. ORDERED that the prayer for ad interim stay be rejected. " (e) An Order No. 768/g/l dated 1/2/77 as follows ; -" (e) I am directed to forward herewith the entire decision of the appeal Committee of the Board taken in its meeting held on 15/1/77. The Appeal preferred by Sri Sudhir Chandra Chakraborty against the authorities of Pingla K. K. Institution, Midnapore, was taken up for consideration. The appellant is present. The respondent-present Administrator and sri Bhutnath Patra Present Headmaster is present. Heard the parties. ;