JUDGMENT :

Partha Sarathi Chatterjee, J.

PRELUDE:

1. In a voyage to get back his job as Assistant Teacher in Work Education in Dayanand Anglo-Vedic High School, the petitioner, who has suffered an order of dismissal from service, preferred this writ petition praying for issue of writ of and/or in the nature of mandamus and/or appropriate order declaring that the notification vide. no. 404-Edn(S) dated March 19, 1973 issued by the Joint Secretary, Government of West Bengal, Education Department, known as ‘Special Rules’ in common parlance, is ultra vires to Rule 28(8), 32 and 33 of the Rules of Management of Recognised Non-Government Institution (Aided and unaided) Rules, 1969 as well as to Article 14 and 16 of the Constitution of India and setting aside the second show cause notice and the order of dismissal from service passed by the Disciplinary Authority in conclusion of a disciplinary proceeding initiated against him.

PETITIONER’S CASE:

2. Before going to delve into the contour of controversies involved in the writ petition, it would be apt to advert to the facts frescoed in the writ petition and subsequent pleadings of the petitioner which are as follows:

i) The petitioner built his