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Issues involved: Appeal arising from order of Calcutta High Court allowing writ appeal filed by respondent No.1 regarding appointment as Superintendent and Ex-officio Secretary of Institute, involving allegations of nonfunctioning and non-attendance, leading to dismissal of writ petition and subsequent writ appeal.
Summary: The appeal before the Supreme Court stemmed from a decision by the Calcutta High Court allowing a writ appeal filed by respondent No.1, who was appointed as Superintendent and Ex-officio Secretary of an Institute. The appellant alleged that respondent No.1 failed to fulfill administrative duties and attend the institution, leading to the setting up of an Enquiry Committee and subsequent withdrawal of administrative responsibilities. Respondent No.1 filed a writ petition seeking restoration of status, which was initially filed before the West Bengal Administrative Tribunal and later in the High Court. The High Court, in its judgment, emphasized the absence of proceedings against respondent No.1 for non-attendance and directed payment of arrears. The Supreme Court noted errors in the High Court's judgment, including passing interim orders without condoning delay and misinterpretation of grounds for dismissal of the writ petition. Consequently, the Supreme Court set aside the High Court's judgment and remitted the matter for reconsideration based on the involvement of factual controversies. The appeal was allowed without costs.
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