Amitabha Dutta, J.@mdashIn this Writ petition, the petitioner who is an employee of Dinabandhu Mahavidyalaya, 24 Parganas, has challenged the
order of the Administration of the said institution passed on 6.8.1979 (Annexure C to the Writ Petition) on the ground that it has violated the
mandatory provisions contained in Statute 12C of the Statutes relating to the terms of employment and conditions of service of non-teaching
employees of College affiliated to the University other than Government Colleges and Government Sponsored Colleges made u/s 58(2) of the
Calcutta University Act, 1966 which are known as the Calcutta University First Statutes, 1966.
2. Sated briefly, the petitioner was appointed as a temporary clerk in the said College on 12.1.1959 and was made Senior Clerk with effect from
1.11.1968. He was made permanent in the post of Cashier at a Salary of Rs.120-280/- subject to a Resolution of the Governing Body dated
24.9.1972, the confirmation of which was stayed by the Civil Court in Title Suit No. 275 of 1972 till the said suit was withdrawn on 8.7.1977. the
petitioner was served with an order dated 12.6.1979 by the Administrator of the College containing some charges against him and was asked to
submit his explanation by 30.6.1979. The petitioner submitted explanation which was not satisfactory according to the Administrator and thereafter
the impugned order dated 6.9.1979, was passed by the Administrator incorporating certain additional charges against the petitioner and proposing
to impose certain penalties specified therein and he was required to submit a written statement against the charges by 22.8.1979. The petitioner
moved this Court in Writ Jurisdiction by filing Writ petition on 3.9.1979 and the learned Judge Sabyasachi Mukherjee, J. (as he then was) passed
an interim order in the following terms, that: -
The petitioner will show cause to the letter dated 6.8.1979 and the respondents will be entitled to consider the cause in such manner as they think
fit and proper but pass no final order"".
3. Upon hearing the learned Advocates for the petitioner and the Respondents including the present numbers of the Governing Body of the College
and the Principal and considering the facts and circumstances of the case as well as the position of law, I find that although the Governing Body of
the College is not a Statutory Body, it is invested with certain duties under Statute Nos. 12A to 13C of the aforesaid Statutes relating to the
employment and conditions of service of the petitioner which are statutory duties and failure to comply with the said statutory provisions or to
perform the statutory duties in taking disciplinary action against the petitioner will attract the Writ Jurisdiction of this Court. I have come to this
conclusion after considering the decisions reported in Shri Vidya Ram Misra Vs. Managing Committee, Shri Jai Narain College, , Prabhakar
Ramakrishna Jodh Vs. A.L. Pande and Another, , Executive Committee of Vaish Degree College, Shamli and Others Vs. Lakshmi Narain and
Others, , Smt. J. Tiwari Vs. Smt. Jwala Devi Vidya Mandir and Others, and 1982 (2) Cal LJ 46. In my view, the Administrator has acted illegally
by incorporating and specifying the penalties proposed to the imposed on the petitioner in respect of the charges leveled against him before his guilt
was proved in the impugned order dated 6.8.1979 and therefore, the said order should be quashed. The Governing Body of the College will
however be at liberty to serve a fresh Charge Sheet on the petitioner and proceed against him in accordance with Law. It may be mentioned that
no decision has been arrived at in this proceeding regarding the merits of the charges mentioned in the order dated 6.8.1979 and the Governing
Body of the College will be at liberty to level the same charges against the petitioner in the subsequent proceeding along with other charges, if any.
There will be no order as to costs.
5. The learned Advocates of the parties are permitted to take a copy of the ordering portion of this judgment.
Let certified copy of the judgment, if applied for, be granted expeditiously.
