NILKANTA BERE Vs. GORACHAND DAS AND OTHERS

JUDGEMENT

(1.) By this writ application, a primary school teacher has prayed for mandamus commanding the respondents authority to submit charge-sheet in the disciplinary proceedings' within two months failing which to quash the suspension order.

(2.) There is no dispute that on the basis of an F.I.R. lodged before Officer-in-Charge, Contain Police Station, a police case being Contain Police Case No. 74 of 1997 was started against the petitioner and other accused persons under Sections 147/148/149/325/326/307 and 506 of the Indian Penal Code. It is admitted that the petitioner was initially arrested and subsequently granted bail but he remained in the police custody for more than 48 hours. The police has already submitted charge- sheet before the learned Judicial Magistrate but the learned Judicial Magistrate has not yet committed the case to the teamed Sessions Judge.

(3.) By a latter dated September 3, 1997, the Chairman Ad-hoc Committee, Midnapore District Primary Council placed the petitioner under suspension with immediate effect as he was involved in the aforesaid Contai Police Case No. 74 of 1997. The said suspension order is still continuing.