ARINDAM SINHA,J. - (1.) Petitioner served as Emeritus Professor of respondent no.3 College. He also officiated as Secretary of the Society which runs the College. He was removed on 30th October, 2017 from post of Society. Before that on 26th September, 2017 he was issued a show-cause notice by the person who was officiating as Principal of the College.
(2.) Mr. Chakraborty, learned advocate appears on behalf of petitioner and submits, his client has challenged termination notice dated 23rd March, 2018 including quashing of said show-cause notice dated 26th September, 2017 and order of suspension dated 3rd October, 2017. Mr. Chakrborty refers to Hooghly Engineering and Technoloty College Service, Leave and Conduct Rules which, inter alia provide, the Society shall be authorized to form an Enquiry Committee or delegate the powers to Member Secretary for the purpose of administering said rules or for ordering an enquiry to award punishment/penalties. According to him, said show-cause notice was initiation of purported disciplinary proceedings. It could be done either by the Society or on powers delegated, by member secretary, which post as on 26th September, 2017 was undisputedly held by his client. Initiation of purported disciplinary proceedings is wholly illegal, his client did not participate in the purported enquiry. He demonstrates from disclosures in the writ petition, purported enquiry was on the basis of said show-cause notice. The proceedings culminated in order of termination also impugned. He seeks interference or interim order pending adjudication.
(3.) Mr. Basu, learned advocate appears on behalf of respondent no.5 who at present is holding post of Secretary. Referring to clause 5.6 of said rules he submits, Secretary of the College shall be appointing authority and his client being Secretary had issued termination letter. Thus appointing authority had issued the termination. Referring to letter of appointment dated 9th March, 2014 of petitioner he points out, term in clause 2 therein has been performed. Clause 2 stipulates one month notice required of either side for, inter alia, termination of service in the organisation.;