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1982 Supreme(Cal) 152
High Court Of Calcutta
B. C. RAY
A.K.CHAKRABARTY - Appellant
Versus
GOVERNMENT BODY, JAGANNATH KISHORE COLLEGE, PURULIA - Respondent
. . Of .
Decided On : 04/23/1982
B.BHATTACHARJI, DHRUBA MUKHERJI, DIPAK DATTA CHAUDHURI, M.YUSUF FAKHRUDDIN, S.B.BHUNIYA
A writ application is maintainable against a non-statutory body if such body is invested with the duties enjoined by a statute.
Headnote:
WEST BENGAL COLLEGE TEACHERS' (SECURITY OF SERVICE) ACT, 1975 - SECTION 9(1)(IV), 9(2), 11, 12 - WRIT JURISDICTION - NATURAL JUSTICE - BIAS - CLOSED MIND - CHARGESHEET - SUSPENSION - REINSTATEMENT - STATUTORY REMEDY - ALTERNATIVE REMEDY - DISCRETIONARY REMEDY - WRIT OF MANDAMUS - WRIT OF CERTIORARI - Locus Standi - Maintainability of Writ Application - Interference with Statutory Body - Exhaustion of Statutory Remedy - Abuse of Power - Violation of Principles of Natural Justice - Bias and Closed Mind of Disciplinary Authority - Vitiated Chargesheet - Illegal Suspension - Illegal Termination of Service - Quashing of Chargesheet and Enquiry Proceedings - Reinstatement.
Fact of the Case:
The petitioner, who was the Principal of Jagannath Kishore College, Purulia, challenged the order of suspension and the chargesheet contained in the resolution of the meeting of the Governing Body of the said college held on 31.01.1981, as well as the second chargesheet sent to the petitioner by letter dated 28.04.1981, on the grounds that the said chargesheets were vitiated by closed mind, bias, and the second chargesheet was contrary to the charge-sheet served earlier. The petitioner also challenged the order of suspension as illegal and without jurisdiction, violative of the terms and conditions of the sponsored college, and in violation of the provisions of the West Bengal College Teachers' (Security of Service) Act, 1975.
Finding of the Court:
1. The writ application is maintainable as the petitioner has acquired a statutory status which purports to have been infringed by the impugned show cause notice and chargesheet. 2. The alternative statutory remedy by way of appeal provided in section 12 of the West Bengal College Teachers' (Security of Service) Act, 1975, will not provide an appropriate relief to the petitioner as the appellate tribunal cannot go behind the findings arrived at by the disciplinary authority. 3. The impugned chargesheet is vitiated by bias and closed mind of the disciplinary authority and is liable to be quashed and set aside. 4. The order of suspension is not a punishment under Section 9(1)(iv) of the Act, but a suspension pending disciplinary proceeding under Section 11 of the Act. 5. The second chargesheet is also bad as it contains charges which are totally different from the charges contained in the first chargesheet.
Issues: 1. Whether the writ application is maintainable? 2. Whether the petitioner has exhausted the alternative statutory remedy provided by section 12 of the West Bengal College Teachers' (Security of Service) Act, 1975? 3. Whether the impugned chargesheet is vitiated by bias and closed mind of the disciplinary authority? 4. Whether the order of suspension is illegal and without jurisdiction? 5. Whether the second chargesheet is bad?
Ratio Decidendi: 1. A writ application is maintainable against a non-statutory body if such body is invested with the duties enjoined by a statute. 2. The High Court has jurisdiction to interfere with an order infringing the provisions of a statute even if there is an alternative remedy provided by statute, but it is for the High Court to decide whether it will exercise its discretionary remedy in a case where there is an equally appropriate and efficacious remedy by way of appeal. 3. The principles of natural justice require that justice must not only be done but must seem to be done. 4. An order of suspension made as a punishment under Section 9(1)(iv) of the Act must be made in accordance with the procedure prescribed by the Act and Rules framed thereunder. 5. A chargesheet framed with a closed mind and bias of the disciplinary authority is liable to be quashed and set aside.
Final Decision: The writ application succeeds and is made absolute. A writ of mandamus is issued commanding the respondents to forbear from giving effect to the impugned chargesheets and the enquiry held thereon, and a writ of certiorari is issued commanding the respondents to quash, cancel, and set aside the chargesheets and the enquiry held thereon, as well as the order of termination made on the basis of such enquiry. However, this will not prevent the authorities concerned from proceeding with the disciplinary proceedings in accordance with law.
( 1 ) THE petitioner who is the Principal of Jagannath Kishore College, Purulia had challenged in this writ petition the order of suspension as well as the chargesheet contained in the resolution of the meeting of the Governing Body of the said college held on 31. 1. 81 as well as the second charge-sheet sent to the petitioner by letter dated 28. 4. 81 on the grounds that the said chargesheets are vitiated by closed mind, bias and the second charge-sheet is contrary to the charge-sheet served early.
( 2 ) THE facts of the case in short is as follows :- the petitioner was appointed as a Principal of Jagannath Kishore College. Purulia which is a Government Sponsored College against a permanent vacancy on 1st of December, 1978. The terms of appointment was that he would remain Principal for one year with effect from the date of his joining the post on probation and confirmation and other conditions of his service will be guided by the West Bengal College Teachers' (Security of Service) Act, 1975 and the rules framed thereunder in addition to the government orders and statutes/regulations/rules/ordinances, Act of the University of Burdwan. The college is affiliated to the University of Burdwan. The Governing Body of the of the College was reconstituted on 27th of December, 1978 and the petitioner as Principal was the Ex-officio Secretary of the Governing Body. The college being a Government Sponsored College it is governed by the terms and conditions of a sponsored college as approved in G. O. No. 11173 Edn. /4c-147/56 dt. 31st October, 1956 a copy of which is annexed as annexure 'a' to the petition. In accordance with the said rules the principal of the college is the Chief Administrative Officer and Drawing and disbursing officer of the said college. In contravention of the rules of the Governing Body some members of the Governing Body attempted to convene a meeting of the Governing Body of the said college on requisition and this matter was referred to the Director of Public Instruction, Government of West Bengal on 23rd April, 1980 for his opinion and necessary action. Instead of giving any opinion or direction and clarification in this matter the Director of Public Instruction sought an explanation from the petitioner on 23rd June, 1980. The petitioner gave a reply to the same. On 24th of December,1980, the Director of Public Instruction, Government of West Bengal requested the petitioner to convene a meeting of the Governing Body of the said college in order to enable important matters relating to the college to be discussed. It has also been stated in the said letter that the Government will depute an officer of the Education Directorate who will be present at the meeting of the Governing Body as an observer. An ordinary meeting was convened on 31st January, 1981 by the petitioner and an observer was sent by the Government to be present in the meeting and he participated in the deliberation of the meeting which was contrary to the provisions of the rules and regulations. In this meeting matters which were not in the agenda were discussed and it was decided to hold disciplinary proceeding against the petitioner and the petitioner was placed under temporary suspension. A committee was appointed to enquire into the charges mentioned therein against the petitioner. It was also resolved in the said meeting to serve a show cause notice upon the petitioner mentioning the charges against him and the show cause notice was served on him in the said meeting. It has been pleaded that his resolution of the Governing Body adopted in this meeting held on 31st January, 1981 is highly illegal and without jurisdictions it is in clear violation of the terms and conditions of the sponsored college approved as contained in G. O. No. 1173-Edn/40-147/56 dated 31. 10. 56. It has also been pleaded that the resolution of the Governing Body placing the petitioner under temporary suspension and holding enquiry against him is in violatio
