Talukdar, J.

1. ".....Let the proceeding which has been approved by the Board continue but no final order shall be passed in connection with the said proceeding without leave of the Court during pendency of this writ petition. In the event however, the Board on its own intends to consider the representation made by the petitioner, the Board shall be at liberty to do so."

2. IN the grillage of the aforesaid piece of the Order passed in W.P. No, 21184(W) of 2009 on 14/05/2010, this appeal is founded.

Acting on the basis of the prayer of the Petitioner, who is currently facing a disciplinary proceeding as also awaiting Trial in the Criminal Court, the Hon'ble Writ Court passed the aforesaid direction. Be it noted that the prayer of the appellant was restricted to the issue of allowing him to resume his duties as Headmaster of the institution of respondent No. 6.

3. INITIALLY, a Division Bench of this Court, before which the Order was carried at the instance of the Writ Petitioner/Appellant, based on the principle of double jeopardy stayed the disciplinary proceeding till disposal of the appeal as his Defence would be disclosed in the event the proceeding is not stayed.

4. PENDIN