Mir Dara Sheko, J. - (1.) Affidavit in-opposition submitted by the respondent no. 10 be kept with the record. Hearing is concluded after attending learned counsels representing respectively the writ petitioner, respondent no. 10, respondent no. 1 and 3 and respondent no. 3 to 6.
(2.) Before going to the crux of the matter, let the fact be set out in a gist as the Court is apprised of. The writ petitioner Joydeb Adhikary through selection process was appointed in the subject school on 15th July, 2000. The said school being Government aided recognised high school is covered by the school Code and all other rules and regulations published time to time by the Education Department, Higher Secondary, Government of West Bengal. Before 4th April, 2007 the writ petitioner did not face any problem in continuing his service as Group-C staff in the subject school. As canvassed by the writ petitioner, on account of medical ground he was absent in school, firstly from 4th April, 2007 to 19th April 2007 which was extended on his approach by the then Managing Committee upto 13.5.2007, The allegation is that while he intended to resume his duty on and from 15th May, 2007 he was not allowed by the school authority vis-a vis the managing committee to join on the plea of several allegations.
(3.) This being the crux, the fact has been further advanced as a consequence of initiation of a disciplinary proceeding against the writ petitioner for which the then Headmaster on 20th October, 2008 issued a letter reiterating that the school authority had already taken steps against him by initiating a disciplinary proceeding of which charge sheet already was issued and said charge sheet along with other relevant papers were already sent to the Board for approval regarding disciplinary proceeding . The writ petitioner was further intimated that pursuant to the order of this Court dated 16th May, 2008 since the petitioner did not appear before the subject school for joining, on the contrary, the Headmaster having intimated him that on the fake plea of medical grounds the writ petitioner who was absenting himself, he was further given liberty to come forward to the school on 20th October, 2008 to resume his duties subject to the final result of the disciplinary proceeding.;