JUDGMENT

Dr. Arijit Pasayat, J. —

1. Heard learned counsel for both the parties.

2. Leave granted.

3. This appeal arises from the order passed by the Division Bench of the Calcutta High Court allowing the writ appeal filed by the respondent No.1.

4. The facts, as presented by the appellants, are as follows:

Respondent No.1 was appointed to the post of Superintendent of Chhoto Jagulia Junior Technical School, presently named as Industrial Training Centre Chhoto Jagulia, by the Governing Body of the said Institute on 7.7.1993. He was also given the responsibility of the Ex-officio Secretary of the Governing Body.

Due to some allegations against Respondent No.1, namely, non-functioning of the administrative work as well the non-attending the Institution an Enquiry Committee was set up. On the basis of the decision of the Committee, administrative function as a Member Secretary was withdrawn and another person was appointed.

A writ petition was filed by respondent No.1 taking the stand that he should be allowed to continue as Superintendent. His stand was that he was prevented from discharging duties after 10.3.1997. Originally, the petition was filed before the West Bengal Administra