- (1.) The petitioner is an Assistant Teacher of a Secondary School. The Managing Committee of the school initiated disciplinary proceeding against him by issuing charge-sheet. Thereafter, an enquiry was conducted. The petitioner has been found guilty of the charges levelled against him. The Managing Committee accepted the findings of the Enquiry Officer and, thereafter, in terms of Rule 28(8) of the Management Rules, 1969, forwarded the papers to the West Bengal Board of Secondary Education for "first stage approval".
(2.) The Deputy Secretary (Administration) of the Board vide his Memo dated 9.6.2009 has informed the Secretary of the school to the following effect:- "Sub:-Proposal for approval to initiate Disciplinary Proceedings (1st stage) against Sri Maya Shankar Jha, Assistant Teacher of the School. Sir, In terms of rule Rule 28(8a), 28(8b) & 28(9) (viia) of the Management Rules' of W. B.B. S.E. Act, 1969 relating to Disciplinary Proceedings against Teachers and Non-Teaching employees of the recognised Non- Govt. Institutions (Aided & Unaided), I am directed to inform you that proper notice was issued to the concerned persons for appearing before the 176th meeting of the Section 24 Committee of the Board held on 09.04.2009 for hearing and considered the matter referred to above in that said meeting. All of them appeared before the said Committee. The Section 24 Committee of the Board after careful observation of the facts and perusal of the documents resolved that the proposal for approval to initiate Disciplinary Proceedings (1st stage) against Sri Maya Shankar Jha, Assistant Teacher of the school be approved provided there is no contrary order of the Hon'ble Court."
(3.) This communication is the subject-matter of challenge in the present petition.;