BIRCHAND MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The first writ application bearing W.P. No. 33522(W) of 2013 (hereinafter referred to as "the first writ application) is filed by the Headmaster of Jhunka High Madrasah, District - Murshidabad challenging the continuation of the period of suspension on the basis of an order dated October 25, 2011 passed by the Managing Committee of the above madrasah. The subject-matter of challenge in the second writ application bearing W.P. No. 37824(W) of 2013 (hereinafter referred to as "the second writ application) is filed by the Managing Committee of the above Madrasah challenging inaction on the part of the West Bengal Madrasah Board in considering the question of approval of the above order of suspension dated October 25, 2011. In view of the fact that these two writ applications arose out of one order of suspension and those may be disposed of after analogous hearing. These matters are taken up for hearing. Let it be recorded that the respondents in the aforesaid two matters do not want to file affidavit in opposition in the above matter. As a result these matters are taken up for final hearing.

(2.) The fact of the case in a nut shell is this. A criminal proceeding bearing Beldanga P.S. Case No. 591/2011, District - Murshidabad dated September 14, 2011 was initiated against the petitioner under the provisions of 464/467/468/671/409 and 420 of the Indian Penal Code on the basis of a complaint dated September 14, 2011 lodged against the petitioner by the Secretary of the Managing Committee of the above Madrasah. The above complaints were placed on the allegation of the defalcation of money from the school fund amounting to Rs. 65,000/-and Rs. 30,000/- respectively. The petitioner was taken into custody by the police authority in connection with the above case on September 22, 2011. He was released on bail on October 17, 2011.

(3.) The Managing Committee of the above Madrasah adopted a resolution dated October 24, 2011 for placing the petitioner under suspension after discussion of the above matter in the meeting of its Managing Committee. On the basis of the above decision the Secretary of the above Madrasah communicated the above order of suspension to the petitioner on October 25, 2011 with immediate effect. According to the Managing Committee of the above Madrasah the above order of suspension was sent to the West Bengal Madrasah Board on October 25, 2011 for the purpose of approval of the above order of suspension. Let it be further recorded that no disciplinary proceedings has yet been initiated against the petitioner in connection with the allegation as discussed hereinabove.