Judgment

P. JAGANMOHAN REDDY, J.:- These Appeals are by a Certificate under Article 132-C of the Constitution of India against the Judgment of the Calcutta High Court, which have by an order of this Court dated 25-8-1969 been consolidated for the purpose of hearing. The short question for determination in these Appeals is whether under the Provisions of the West Bengal Board of Secondary Education Act 5 of 1963 read with Rule 8 of the West Bengal Board of Secondary Education (Appointment of Secretary) Rules, the Appellant could be discharged from the service of the Board of Education. The Appellant was an office Superintendent of the Board constituted under the West Bengal Secondary Education Act 37 of 1950 (hereinafter called the 1950 Act ). He was promoted as Assistant Secretary on 12-7-1952 as Deputy Secretary on 18-6-56 and on the lst/8th August 1962 he was appointed as Secretary on probation and confirmed on 1-8-63 by an order dated the 24th August 63. The Appellant continued in this office till 25th November 66 when his services were dispensed with, with immediate effect on payment of 3 months salary in lieu of notice. In his place the Government by its order of the same date appointed temporarily Respondent 6-D. Mazumdar, Director of Consumer Goods, West Bengal as Secretary for a period not exceeding 6 months from the date on which he takes charge of the office. As we have earlier mentioned the initial Act under which his appointment was made was the Act of 1950. Subsequently another Act known as the West Bengal Secondary Education (Temporary Provision) Act, 22 of 1954 was passed by the Legislature, by which the Board created by the Act of 1950 was superseded and its powers were vested in an Administrator appointed by the State Government. It was the Administrator who had appointed the Petitioner on probation. On the 20th February 63 the West Bengal Board of Secondary Education Act 5 of 1963 (hereinafter called the l963 Act ) was passed which came into force on 1-1-1964. Before this Act came into force certain regulations were made on 12-12-63 under the Act of 1950, Rule 4 of which dealt with the conditions of service which were similar to those in Rule 4 of 1951 regulations made on 19-9-51. Under regulation 4 of 1951 the Board had power to dispense with the services of the Secretary or any officer by giving 3 months notice or on payment to him of 3 months salary in lieu of notice. Act. 22 of l954 it may be mentioned did not abolish the Board but only authorised the Administrator to carry on the duties and functions vested in the Board so that the Appellant when he was appointed on probation by the Administrator was an employee of the Board. The 1963 Act by Clause 1 of Section 46 repealed both the 1950 Act as well as the temporary provisions Act 22 of 1954 and by sub-clause (2) it provided that "all Officers and other persons in the employment of the Board of Secondary Education immediately before the commencement of this Act shall until provision is made continue in the service of the Board". It may here be mentioned that prior to the enforcement of the Act on 1-1-64 the Government had made and published rules under that Act known as the West Bengal Secondary Education (Appointment of Secretary) Rules 1963 Rule 8 whereof is in the following terms:

"The State Government shall have the power to dispense with the services of the Secretary on three months notice or in lieu of such notice on payment of three months salary and also to discharge or dismiss the Secretary from service without notice or compensation in the event of misconduct or of a breach of any of the duties attached to the post of Secretary".

2. It is in exercise of powers vested under this Rule that the Governor dispensed with the services of the Appellant which is now challenged. The learned Advocate for the Appellant contends inter alia that:-

(i) the rule under which the Appellant s services have been dispensed with have no application to the case of a