MITHUN SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A short but interesting question of law is involved in this writ application. The point involved herein is whether an order of suspension under Rule 7(2) of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules 2001 (hereinafter referred as 2001 Rule) is liable to be recalled the moment the employee is enlarged on bail.

(2.) Before dealing with the question as stated the brief fact of this writ application, as emerges is that the Petitioner was appointed as the primary school teacher. The Petitioner was arrested on the basis of a complaint lodged by his wife under Section 498A of the Indian Penal Code 1860 and was detained in custody for more than a month. Rule 7(2) of the said rules of 2001 postulates a deemed suspension to be operative until further orders. The writ Petitioner has challenged the said order of suspension issued by invoking the said rule on the ground that a criminal case leading to arrest of the writ Petitioner does not relate to the course of his official duty or his place of work and is not relateble thereto and as such is liable to be quashed.

(3.) Mr. Sabir Ahamed, learned Advocate appearing for the Petitioner submits that Rule 7(2) of the said Rule of 2001 relates to a deemed suspension in the event an employee is detained in prison for more than 48 hours and such order of suspension has a life until further orders. He further submits that the meaning of word "until further orders", came up for consideration before this Court in case of Basudev Malik v. State of WB and Ors., 2004 1 CalHN 32, where it has been held that the moment an employee is enlarged on bail, the deemed suspension comes to an end and the employee should be a permitted to join his duty subject to the final decision in the criminal case. He further submits that if the criminal case initiated on the basis of a charge-sheet levelled against the employee does not relate to an offence against a person or property of an employer, co-employee, in course of employment, at the place of employment or in connection with the employment of the employee, the employee cannot be put under the suspension and reliance was placed upon the Division Bench judgment of this Court in case of Amit Biswas v. State of WB and Ors., 2007 2 CalHN 9.