HALESHWAR MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is a primary school teacher. He was teaching in Indra Bhusan Baman Kumar Free Primary School, situated in the district of Uttar Dinajpur. At one point of time, a criminal case was lodged against him with Raiganj Police Station, being Case No.166/2005, dated 23rd May, 2005. A sessions case was later started and charge was framed against the petitioner and two other co -accused under sections 302/34 of the Indian Penal Code. By a judgment and order dated 18th May, 2012, passed by the learned Additional District and Sessions Judge, Fast Track (1st) Court, Raiganj, Uttar Dinajpur, the petitioner and two other accused were found not guilty in respect of committing offence punishable under sections 302/34 of the 2

(2.) INDIAN Penal Code, 1860 and were acquitted under section 235(1) of the Code of Criminal Procedure. The petitioner had been placed under deemed suspension upon initiation of the criminal case, which was later revoked by the Chairman, District Primary School Council, Uttar Dinajpur, in terms of his memo dated 30th July, 2012. The petitioner was, thereafter, even promoted as a Head Teacher of Kothgram Free Primary School, in terms of a subsequent memo dated 19th December, 2012, issued by the Chairman, District Primary School Council, Uttar Dinajpur. He has since been functioning as a Head Teacher of the Primary School, as mentioned hereinabove. The petitioner has now approached this Court challenging the memo dated 17th April, 2013, issued by the Chairman, District Primary School Council, Uttar Dinajpur, whereby it was ordered that the period of absence of the petitioner was to be treated as period spent on suspension, as per Rule 13 of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001.

(3.) IN a case falling under clause (a), the period of absence from duty shall be treated as a period spent on duty. In a case falling under clause (b), the period may be treated as on duty or leave but it shall not be so treated unless the disciplinary or appellate authority directs accordingly.