Radharaman Das v. Appeal Committee of The West Bengal Board Of Secondary Education
1973-12-12
A.K.DE
body1973
DigiLaw.ai
JUDGMENT (1.) THE Secretary of the Managing Committee of Kanai Dighi Deshpran Vidyapith is the petitioner. The School Managing Committee by a resolution, adopted in an emergent meeting held on 15.5.72, decided to terminate the services of Sasanka, an assistant teacher, forthwith. The petitioner issued a letter on the same day to Sasanka intimating him of the Managing committee's decision. Sasanka feeling adversely affected by that decision appealed to the Appeal Committee appointed under section 22 of the West Bengal Board of Secondary Education act, 1963 in terms of Regulation 3 of the West Bengal Board of Secondary education (Manner of Hearing and deciding Appeals by Appeal Committee) Regulations, 1964. The Appeal committee met on 25.4.73 and allowed the appeal making this order : - "that the appeal be allowed. The appellant be reinstated in his post with effect from the date of his dismissal. He shall get from the school his salary and allowances from the date of his dismissal. He shall also get his arrears of salaries and allowances, if any from the school. " The Secretary moved this Court filing this application under Article 227 of the Constitution of India against the appeal Committee's order giving rise to this Rule and was granted interim order of stay of operation of that order dated 25.4.73. (2.) SASANKA appeared and filed a petition on 9.11.73 for vacating the interim order of stay. By consent of the petitioner and the opposite parties the main Rule was set down for hearing on 7.12.73. Sasanka, opposite party no. 3 took a preliminary objection as to the maintainability of the application under Article 227 contending that the Appeal Committee is a "domestic tribunal" not subject to the superintendence of the Court. Appeal Committee has almost all the trappings of a quasi-judicial tribunal and decides disputes between the parties before it finally, as is clear from the several regulations. Detailed procedure about the entertainment, hearing and disposal of appeals has been laid down in the Regulations. It provides for the respondent in the appeal to show cause and for the appellant to answer the show cause, if any. There are also provisions of personal hearing to be given to the parties. The Committee has also power to direct further inquiry and is obliged to make final orders binding on the parties. This is a body created under the provisions of a statute.
There are also provisions of personal hearing to be given to the parties. The Committee has also power to direct further inquiry and is obliged to make final orders binding on the parties. This is a body created under the provisions of a statute. It is clear that the Appeal Committee is a tribunal and that this Court has superintendence under Article 227 over it and in respect of orders made by it. The preliminary objection is, thus, over-ruled. It was next submitted by the opposite party that the appeal, filed by the Secretary alone and not by all the members of the Managing Committee, was not entertain able. The petitioner secretary has subsequently added all the other members of the Managing committee as parties. It has also to be noted that the Secretary issued letter of termination in obedience to the resolution of the Managing Commutes and it is his letter that was made ineffective by the order of the Appeal committee. I am unable to say that this application is not entertain able an this score. The second objection is thus over-ruled. (3.) IT is submitted by the petitioner that the order of the Appeal Committee is bad as it has no jurisdiction to set aside the order of dismissal or removal, and or to order of reinstatement in case of 'termination'. It is further submitted that the Appeal Committee has wrongly decided the appeal finally, firstly in not considering whether the order of the Managing Committee is an order of termination or of removal or dismissal and secondly, in not recording the reasons for its decision as is mandatory under Regulation 9 (2). I am unable to give effect to this contention. An appeal lies against any order of Managing Committee which affects adversely a teacher as provided under regulation 3. When an appeal lies, the Appeal Committee has certainly jurisdiction and is also required to make final order in that appeal. As is clear from Regulation 11 an order of termination, if subject matter of appeal, has either to be confirmed or 'to be set aside, if no further inquiry is directed. There was, therefore, mo want of jurisdiction in the Appeal committee to dispose of or determine the appeal. (4.) THE order of the Appeal Committee above that it has recorded its reasons for the decision.
There was, therefore, mo want of jurisdiction in the Appeal committee to dispose of or determine the appeal. (4.) THE order of the Appeal Committee above that it has recorded its reasons for the decision. Whether those reasons are good and or sufficient is not a matter coming within the scope of article 227. Interference under Article 227 is possible only to keep a tribunal within the bounds of its authority and not to correct its error in deciding questions of fact or of law. This position is well-settled in a law by a chorus of decisions of the Supreme Court and of this Court. It is therefore, possible and may be necessary for this Court to interfere with the order of the Appeal committee if it is found that the Appeal Committee exceeded the bounds of its authority in making the order in question. Regulation 9 deals with only two specified types of cases, namely, those mentioned in Regulation 9 (1) (a) and those in Regulation 9 (1) (b), If it was a case of termination, as contended by the petitioner, it did riot come under clause (b) to Regulation 9 (1) and it certainly came under Regulation 9 (1) (a). As it came under Regulation 9 (1) (a), the power of the Appeal committee is not restricted in any way (as expressed by these words-"grant such relief as it considers appropriate"). Whether the relief granted is just or not is of no consequence. This Court cannot interfere with the order only on the ground that it is unjust as that will be outside the scope of Article 227, as interpreted by the Supreme Court. Thus all the grounds urged by the petitioner fail. (5.) IT, however, appears on an examination of the records of the Appeal committee placed before this Court by the Board of Secondary Education that the Appeal Committee has exercised its jurisdiction illegally and with material irregularity and this order has to be set aside. The appeal has to be decided in accordance with the procedure in the Regulations.
(5.) IT, however, appears on an examination of the records of the Appeal committee placed before this Court by the Board of Secondary Education that the Appeal Committee has exercised its jurisdiction illegally and with material irregularity and this order has to be set aside. The appeal has to be decided in accordance with the procedure in the Regulations. The first stage is in regulation 7 (1) (b) which is that after the Managing Committee in an appeal by a teacher has made its comments and the appellant has given his explanation on such comments, the secretary has to place all records of the case, with or without the comments of the Managing Committee and the explanation of the appellant as the case may be, before the Appeal Committee for a decision whether further inquiry into the case is necessary or not. If no further enquiry is directed then only the Secretary has to place the papers again before the Appeal Committee for a decision on the appeal itself as in Regulation 7 (2) or (3). Order for inquiry may, be given under Regulation 7 (2), referring it to the Director of Public Instruction, govt. of West Bengal, for the said inquiry and report to the Appeal committee with its views. The Appeal committee in the instant case did not follow the first stage of the disposal of appeal and had jumped it. When comments of the Managing Committee were received and explanation of the appellant on the comments were obtained, it proceeded to decide the appeal itself Without passing through the stage in Regulation 7 (1) (b). That has vitiated the Whole proceeding. The rule shall succeed on this score. This will mean that the Appeal Committee will now bear to proceed to dispose of the appeal in accordance with the provisions of the Regulations as pointed out before. (6.) ANOTHER thing that has come to notice is that the Managing Committee issued the letter of termination immediately after adopting the resolution in an emergent meeting without taking recourse to Regulation 19 of the Rules of Management of Recognised non-Government institution (Aided and unaided) 1969. It reads as follows: "emergency Meeting: An emergency meeting may be convened by the President, if necessary with not less than 24 hours' notice to consider a matter of emergent nature requiring immediate attention.
It reads as follows: "emergency Meeting: An emergency meeting may be convened by the President, if necessary with not less than 24 hours' notice to consider a matter of emergent nature requiring immediate attention. All resolutions passed at an emergent meeting shall be subject to confirmation or revision at the next ordinary meeting. " It means that a decision of an emergent meeting, before it is placed before the next ordinary meeting does not reach finality. The Managing Committee may therefore, have to recall its own decision taken on 15.5.72. But before the step, indicated above is taken or finalised, the decision of the managing Committee will remain in force. In the view taken, it is not necessary to go into the question as to whether the letter of termination dated 15.5.72 is really an order of dismissal, which requires prior approval of the board as provided in Regulation 28 (8) of the Rules of Management of Recognised aided and Unaided Institutions 1969, or is one coming within the government circular Executive Instruction no. 43/oct/53 dated 1.10.53. As this is not being examined the Appeal Committee, as also the Managing committee, will bear it in mind when dealing with this case in future. (7.) THE result is that I make the rule absolute and set aside the order of the Appeal Committee dated 25.4.73, subject to the observations in the body of the judgment, i.e., the order of the managing Committee will remain in force till the Managing Committee takes steps in usual course for regularisation of its decision or till the disposal of the appeal by the Appeal Committee. In view of the above order, the application of the opposite party no. 3 dated 9.11.73, for vacating the interim stay order needs no separate orders. Interim order of stay dated 3.7.73 and its variation on 23.11.73 are hereby withdrawn. (8.) CERTAIN payment had been made to the opposite party No. 3 in compliance with order dated 23.11.73. Refund of the amount has to be ensured. The school Committee shall adjust that sum against opposite party No. 3's dues, if any, from the School fund in terms if their resolution and order dated 15.5.73. Let the records of the Appeal Committee be returned to the learned advocate appearing for the Board of Secondary Education.
Refund of the amount has to be ensured. The school Committee shall adjust that sum against opposite party No. 3's dues, if any, from the School fund in terms if their resolution and order dated 15.5.73. Let the records of the Appeal Committee be returned to the learned advocate appearing for the Board of Secondary Education. A copy of this judgment may be sent to the President of the Appeal Committee, opposite party No. 1, at the address in this there will be no order as to costs in this Rule.