KALIPADA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-in-opposition filed on behalf of the State be kept with the record.

(2.) The petitioner submits that the matter can be disposed of on the available documents annexed to the writ application. The petitioner has challenged the impugned order dated 24th of September, 2009 passed by the Chairman, District Primary School Council, Burdwan whereby and whereunder the authority concerned refused to set aside and/or quash the suspension order.

(3.) The petitioner was initially appointed as an Assistant Teacher in a primary school and subsequently was promoted to as a Head Teacher of Raghunathpur F.P. School. The petitioner was entangled in a criminal case, being Budbud Police Station Case No. 47/08 under section 147/148/149/341/323/325/326/308/ 120B and 304 of the Indian Penal Code. In connection with the said case, the petitioner was arrested on 23.8.2008 and was detained in custody till 26.8.2008 when he was enlarged on bail. It is the case of the petitioner that he was allowed to resume his duty on and from 29th September, 2008. It is further stated that on 2nd of December, 2008, the petitioner was orally communicated that he had been put under suspension and should not attend school on and from the 3rd of December, 2008. Subsequently, the respondent No. 4 struck off all the attendance of the petitioner from the Register. The petitioner filed a comprehensive representation against such an action, instead of disposing of the said representation, the respondent No. 4 issued a show-cause notice but thereafter did not take any action to initiate disciplinary proceeding. However, the petitioner made another representation but thereafter the authorities were not taking any step for disposing of the said representation; as a consequence whereof, the petitioner was constrained to file a writ petition, being W.P. 9748 (W) of 2009, before this Court. The said writ application was disposed of on the 17th of June, 2009 directing the Chairman of the Council to consider the expediency of revoking the order of suspension, within the stipulated period. Pursuant to the said order, the impugned order was passed.