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2002 Supreme(Cal) 378

KALYAN JYOTI SENGUPTA
Jyotsna Bikash Ray – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. B.B. Ghosh, Ms. Rina Roy Chowdhury and Madhusree Ghosh for the Petitioner
Mr. Amal Baran Chatterjee and Balai Lal Sahoo for the Respondent Nos. 7 & 8

JUDGMENT

The writ petitioner was a college teacher in Commerce Section of Ram Nagar College and he has been removed from services. He has challenged this impugned order of removal, as well as charge-sheet and of the disciplinary proceeding itself. On or about 12th September, 1994 he was served with a charge-sheet on the allegation of committing various misconduct, namely, unauthorised habitual absence from the duty and conducting himself in a manner which is prejudicial to the interest of the academic atmosphere of the college, as well as students, The petitioner replied to the charges, obviously denied the same, therefore, the Governing Body set up an Inquiry Committee, which has submitted a report to the Governing Body. The Governing Body, pursuant to the report of the Committee has removed the petitioner from services.

2. The learned lawyer for the petitioner contends that the entire procedure of holding disciplinary proceedings right from the stage of issuance of chargesheet up to passing of the order of removal is absolutely illegal and contrary to the procedure laid down under Section 9 of the West Bengal College Teachers (Security of Services) Act, 1975 read with West Bengal C
































































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