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2024 Supreme(Cal) 688

M. V. MURALIDARAN
Sagar Chakraborty – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amalesh Roy, Mr. Suman Sehanabis (Mondal)
For the Respondent: Mr. Sudipto Kumar Mazumder, Ld. DSGI, Mr. Sourab Kar, Mr. Narendra Nath Das, Mr. Pragyadip Roy Basunia, Mr. Madhab Kumar Roy,

JUDGMENT :

M.V. Muralidaran, J.

This writ petition has been filed by the petitioner to rescind/cancel and/or withdraw the letter of termination dated 26.3.2023 issued by the 7th respondent and to direct the respondent authorities to forthwith reinstate the petitioner in service in the concerned school.

2. Heard learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and the learned counsel for the respondents 4 to 8.

3. The case of the petitioner is that the petitioner was serving as an Assistant Teacher in a school, namely Suresh Chandra Ghosh English Academy at Mathabhanga, Cooch Behar. According to the by-laws of the CBSE Rules, 2018, the teaching and non-teaching staff of its affiliated institutions are to be guided by the Central Civil Services (Classification, Control and Appeal), Rules, 1965. While so, the school authorities, all on a sudden, terminated the petitioner from his service vide letter of termination dated 26.03.2023 without following the procedure as enumerated in Rules 11, 12, 13 and 14 of the Rules of 1965. Due to which, the petitioner has been deprived from defending himself by filing written statement of defense, which caused utter v

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