Ruma Pal, J.

The appellant was appointed as the Headmaster of Dum Dum Kumar Ashutosh Institution Branch (referred to as the Institution) on 26th March, 1996. On 17th October, 1996 the appellant was served with an order of suspension. The proposal of suspension was sent by the Managing Committee of the Institution to the West Bengal Board of Secondary Education (WBBSE for short) for approval in terms of Rule 28(8) and (8a) of the Rules for Management of Recognized Non-Government-Institutions (Aided & Unaided) Rules, 1969 (referred to as the Management Rules). The WBBSE disapproved the suspension and communicated the disapproval to the Institution on 17th December, 1996.

2. The Institution challenged the disapproval order of the WBBSE by way of a Writ Petition (W.P. No. 60 of 1997: Durgadas Mukhopadhyay vs. West Bengal Board of Secondary Education & Ors.). An interim order was passed on 2nd May, 1997 staying the disapproval order of the WBBSE. The writ application is still pending.

3. In the meanwhile on 21st December, 1996 a charge sheet was drawn up by the Institution against the appellant. The charge sheet was sent to the appellant on 16th January, 1997.

4. On 25th July, 1997