SANKAR PRASAD MUKHERJEE Vs. MAULANA ABUL KALAM AJAD UNIVERSITY
LAWS(CAL)-2019-5-44
HIGH COURT OF CALCUTTA
Decided on May 16,2019

Sankar Prasad Mukherjee Appellant
VERSUS
Maulana Abul Kalam Ajad University Respondents

JUDGEMENT

Sahidullah Munshi, J. - (1.) This writ petition along with other two being W.P. No. 5867(W) of 2018 and W.P. No. 5868(W) of 2018 have been assigned before this Court on the request for reference by the Hon'ble Single Bench.
(2.) After hearing the learned counsels for the parties extensively this writ petition has come up for final decision to consider whether the orders impugned in this writ petition issued by the respondent no.5 are in gross violation of the authority of the Hooghly Engineering and Technology College Service, Leave and Conduct, Rules as also the Hooghly Engineering and Technology College Society (HETCS). A prayer has therefore, been made for setting aside and for quashing the show cause notice dated 26th September, 2017, the order of suspension dated 3rd October, 2017 and a decision forming a three-member enquiry committee dated 26th September, 2017 to look into the purported charges levelled in the show cause issued by the respondent no.4 and the report of the purported enquiry committee dated 27th October, 2017 and to allow the petitioner to resume his duties in the post in question.
(3.) The termination letter dated 23rd March, 2018 has been issued by Dr. Abhijit Maity, Secretary of HETCS and addressed to the petitioners. The said Abhijit Maity is respondent no.5 herein. The termination letter shows that petitioner's service was no longer required with effect from 23rd March, 2018 and the said termination with one month's advance salary of Rs.40,000/- (Rupees Forty Thousand) only, in lieu of one month's notice has been deposited in the petitioner's account.;


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