SAMBHU NATH MANDI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in this Article 226 petition dated November 18, 2008 is seeking a mandamus commanding the respondents to permit him to attend Dudhkundi Primary School in Sankrail of the District Paschim Medinipur and work as assistant teacher, and to pay him salary arrears from August 13, 2003.

(2.) The then Midnapur District Primary School Council issued an order, Annexure P-1 at p. 16, appointing the petitioner as a primary school teacher. A copy of the order was forwarded to him by a memo dated January 25, 2000. In Sankrail Police Station an F.I.R. No. 37/02 dated December 3, 2002, Annexure P-2 at p. 17, was registered under Sections 363/366/366-A/376/120-B of the Indian Penal Code.

(3.) The petitioner was named as the accused. As a result, he was arrested and detained in custody. Ultimately, he was released on bail in August 12, 2003 (para 6). Under the circumstances, the Chairman, Paschim Medinipur District Primary School Council issued an order dated August 26, 2003, Arnexure P-4 at p. 26, that he would be deemed to have been suspended with effect from June 23, 2003.