NITAI CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of the present writ petition is a letter of suspension, dated September 15, 2022, issued to the petitioner, by the respondent No. 8/Principal of Raja Narendralal Khan Women's Collage (Autonomous), at Paschim Medinipore. The writ petitioner has challenged the same, that being allegedly issued in arbitrary exercise of power by the college authorities and beyond the scope of the applicable rules. The writ petitioner has alleged about unfair practice being meted out to him, for which he seeks redress by filing the instant writ petition.

(2.) It is necessary that the factual background of the case be narrated in brief. The petitioner was appointed vide appointment letter dated March 18, 1996, as a cook, in the hostel. After satisfactory completion of the probation period the writ petitioner was made permanent in the said post. Issues cropped up in the year 2022, when, on August 29, 2022, after leaving the college without informing the authority, the writ petitioner went to the police station and was arrested. Thereafter, since from the date of his arrest, the writ petitioner was in judicial custody till the time he was released on bail. The writ petitioner was released on bail on September 9, 2022. Therefore, his incarceration lasted from August 30, 2022 to September 9, 2022.

(3.) After being released from custody on bail, the writ petitioner went to join his duties on September 12, 2022. He has stated that on the said date he signed the attendance register, though was not allowed to join. Therefore subsequently, the writ petitioner has expressed his grievance by dint of his letter dated September 15, 2022. However, on the same date that is September 15, 2022 the college authority has issued to him the said impugned letter of suspension, suspending him with effect from August 30, 2022, that is the date of his incarceration.