ANANTA BARUI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) None appears on behalf of the respondent Nos. 4, 5, 6, 7 and 8 inspite of service copies of this writ application upon them. No accommodation is prayed for. Let the affidavit of service filed in Court today be kept on record. This writ application is directed against an order of suspension passed by the respondent school against the petitioner under Memo No. JHS/05/13 dated August 19, 2013. According to the petitioner, he was appointed to the post of non teaching staff (clerk) of Jadabpur High School, District - Hooghly with effect from June 20, 2006. By virtue of the order impugned he was placed under suspension. Subsequently, the respondent school issued a charge sheet dated November 10, 2012 against the petitioner.

(2.) According to the petitioner the provision of Rule 28(9)(viia) of the Management Rules, 1969 prescribes the procedure for placing a teaching or non teaching staff of a government aided educational institution under suspension. According to the petitioner, the above procedure has not been followed by the respondent authority.

(3.) Mr. Biswajit De, learned State Government advocate, submits that the respondent school is the appropriate authority to assist this Court with regard to the above order of suspension. The Government had no role to play in the above matter. For adjudication of the issue involved in this case the provision of Clause (viia) of Sub-rule (9) of Rule 28 of the Management Rule is quoted below: