DR. TARAPADA ROY AND OTHERS Vs. WEST BENGAL BOARD OF SECONDARY EDUCATION AND OTHERS
LAWS(CAL)-1979-2-51
HIGH COURT OF CALCUTTA
Decided on February 23,1979

Dr. Tarapada Roy And Others Appellant
VERSUS
West Bengal Board Of Secondary Education And Others Respondents

JUDGEMENT

Bimal Chandra Basak, J. - (1.) In (his application under Article 226 of the Constitution of India the petitioners are challenging an order of the Appeal Committee of the West Bengal Board of Secondary Education (hereinafter referred to as the Appeal Committee) made on the 24th September, 1974.
(2.) This case has got a chequered career. I shall set out the facts which are material for.the purpose of the disposal of this Writ petition.
(3.) At the relevant time the respondent No. 7 was the Headmaster of Bolpur Siksha Niketan Ashram Vidyalaya (hereinafter referred to as the said School). On the 10th June, 1966 the respondent No, 7 was placed under suspension by the Managing Committee of the School. Thereafter an Administrator was appointed of the said School by the Board which was replaced later by an Ad hoc Committee. It appears that the respondent No. 7 was arrested under the Preventive Detention Act but he was released on the 29th August, 1966. Thereafter certain charge-sheets were issued against the respondent No. 7 by the School Authorities containing some allegations against the respondent No. 7. It appears that the suspension order dated 10th July, 1966 was thereafter withdrawn. There was further charge-sheet and thereafter there were certain proceedings by the Ad hoc Committee and an order of dismissal was passed by the Ad hoc Committee. The respondent No. 7 preferred an appeal before the Appeal Committee against this order of dismissal. By its order dated 25/26th June, 1969, the Appeal Committee partly allowed the appeal. It refused to grant reinstatement to the respondent No. 7 but directed payment of a sum of Rs. 14,000/- to him. Against this order of the Appeal Committee the respondent No. 7 filed a Writ petition in this Court. This Court by its order dated 10th June, 1974 disposed of the Writ petition. This Court held that the order gives no reason whatsoever why the Appeal Committee came to the finding dismissing the appeal. It was observed that a quasi-judicial Tribunal must give reasons for its finding but this was not so done in this case and accordingly the order must be quashed. The Rule was made absolute to the extent indicated therein and the following direction were given:- "I direct that the Appellate authority will rehear the appeal and dispose of the same in accordance with law as soon as practicable. All the points taken in the petition are left open to the parties to argue before the Appellate Tribunal.";


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