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2001 Supreme(Cal) 61

AMITAVA LALA
ASISH MONDAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
DEBAPRASAD BAGCHI, DUTTA MAKHIJA, SEN BAKSHI, TAPAN BANERJI, Tapati Ghosh

AMITAVA LALA, J.

( 1 ) THIS writ petition relates to alleged termination of service of the incumbent dated 3rd March, 1998 and also declaration that Clause 11 (3) of the special rules for the Management of Secondary Schools established and run by a christian church/missionary Society/board/religious Society/ Subsidiary Society or other successor in law of West Bengal Secondary Act (hereinafter referred to as the said rules) is ultra vires to the Constitution of India amongst others.

( 2 ) THE petitioner joined in the school i. e. St. Paul's School at 33/1, Raja Ram Mohan Sarani previously known as Amherst Street, Calcutta-700009 (hereinafter referred to as the said school ).

( 3 ) A chargesheet was served upon the petitioner on 13th May, 1996 by the Secretary, Governing Body Diocesan Schools containing various allegations i. e. mal-administration, financial irregularities, lack of communication due to non-availability of petitioner in the school quarters for want of food, poor academic atmosphere in the school and hostel, reluctance to take steps against the staff responsible for embezzlement cases, not maintaining Fees and Academic Registers etc. The petitioner was asked to give














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