Jayanta Kumar Biswas, J. - (1.)By the judgment dated April 26, 2001 a learned Judge of this Court was pleased to dismiss Appellant's writ petition No. 5428 (W) of 2001. It was dismissed on the ground that the Respondent No. 7, who had terminated Appellant's service, was not an instrumentality or agency of the State. The present appeal is against that judgment.
(2.)With effect from June 1, 1993 'Gandhi Peace Foundation Urban Family Welfare Project', of 111A, Shyam Prasad Mukherjee Road, Calcutta 700 026, appointed the Appellant as a Medical Officer of its 'North Family Welfare Centre'. It was a private unregistered voluntary organisation (hereinafter referred to as 'the said organisation'). Respondent No. 7 was its secretary. The Appellant was appointed in a post of temporary nature, and subject to the conditions laid down by the said organization.
(3.)On July 30, 1999 the said organization issued a charge -sheet against the Appellant. As many as thirteen charges were levelled. Gross negligence in duties, insubordination, unauthorized removal of office records, misbehaviour, etc. were alleged against the Appellant. On said July 30, 1999 itself the Appellant was placed under suspension.