The Headmaster and the Managing Committee must follow the procedure laid down in the Management Rules before withholding the salary of a teaching staff.

Heard the learned Advocates appearing for the parties. In this application the petitioner has prayed the following reliefs :–

(a) A writ in the nature of Mandamus commanding and/or directing the respondents, their agents and subordinates to cancel, set aside, quash, rescind, and withdraw (i) the impugned decision of the Appeal Committee of the Board taken in its meeting held on 29th February, 1992 in Appeal No. 13/91 communicated to the petitioner under Memo No. 6117/8/1 dated 28.4.92 being Annexure ‘I’ to the petition, (ii) the impugned order dated 5.5.90 of the Headmaster, Belghoria High School withholding the payment of 5 (five) days salary from the pay packet of April, 1990 being Annexure “C”, (iii) the impugned order dated 14.8.91 of the Board of Secondary Education, West Bengal, communicated by the Headmaster through his letter dated 23.8.91 directing to be censured to the petitioner being Annexure ‘K’; (iv) impugned order dated 22.9.90 of the Managing Committee of Belghoria High School inflicting the punishment/penalty for absence of 5 days on medical ground contemplating the conduct be censured be noted in the Service Book and forwarded to all concerned and conduct will further be reviewed after every six months for a period of two years and necessary action will be taken against the petitioner in the event of recurrence of any such lapses in future, if the situation so warrants, after expiry of the said period of two years commencing from the date of issue of the communication being Annexure ‘E’; (v) the alleged charge-sheet framed by the impugned order/memo dated 6.2.92 of the Secretary of the Managing committee of Belghoria High School after inflicting punishment to the petitioner and directing him to submit explanation since the alleged charges go to prove prima facie offence as to why disciplinary action, as provided under Rules, shall not be drawn against the petitioner and why the absence for specified days will not be treated as unauthorized absence leading to break of service being Annexure ‘P’ and directing them further not to give effect or further effect to the same and directing them further to stay the operation of the same as the impugned orders have been passed imposing purported punishment behind the back of the petitioner and without initiating any disciplinary enquiry proceedings and without prior approval of the Board and without issuing any chargesheet asking to show cause and without affording any opportunity of hearing to the petitioner and without following the procedure indicated under Rule 28(8) and 28(8a) of the Management Rules prescribed for initiating the disciplinary proceedings in terms of Circular No.S/607 dated 21st June, 1982, and without complying with the natural justice Rules and violating the principles in Article 20(2) of the Constitution of India providing inter alia that “no one shall be prosecuted and punished for the same offence more than once.”

(b) A writ in the nature of Certiorari calling upon the respondents, their agents and subordinates to certify and transmit the entire records of the case to this Hon'ble Court so that conscionable justice may be rendered by quashing and/or setting aside the same;

(c) Any other writ or writs to which your petitioner may be found entitled.

2. The facts leading to the writ petition are as follows :–

In view of petitioner's absence to the invigilation duty for the examination conducted by the West Bengal Board of Secondary Education as held in the month of April, 1990, the Headmaster of Belghoria High School by his decision dated 5th May, 1990 withheld the salary for 5 days with reference to the salary for the month of April, 1990 and referred the matter for a decision by the West Bengal Board of Secondary Education as well as Managing Committee. A meeting held on 24th June, 1990 by Managing Committee on endorsing the decision reached by the Headmaster of the school issued. By a notice dated 22nd September, 1990, the Committee censur