CHHABI CHAKRABORTY Vs. STATE OF W B

JUDGEMENT

(1.) This writ petition has been moved challenging an office memorandum dated February 23, 2004 issued by the Chairman District Primary School Council, Nadia. In the office memorandum it has been stated that the petitioner, a Head Teacher of Raghunath Siromoni Primary School under Nabadwip P.S. has been suspended with effect from January 19, 2004 due to her detention in jail custody for period exceeding 48 hours in connection with Nabadwip P.S.Case No.05/2004 dated January 19, 2004 under section 498A/306/34 of Indian Penal Code as per Government Notification No.906-S.E.(Pry) dated July 09, 2001. It has also been stated that the petitioner will be paid subsistence allowance.

(2.) The deemed suspension has been provided in a Government Notification which takes the form of rule is the subject-matter of discussion here. It is to be decided as to whether this deemed suspension is permissible or not. It is also to be decided as to what would be the effective period of such deemed suspension. Initially, for guidance of service conditions of primary teachers, rules were there under 1930 and 1963 Act that is Bengal (Rural) Primary Education Act, 1930 and West Bengal Urban Primary Education Act, 1963. Under this Bengal (Rural) Primary Education Act, there was a Government Notification being No.1493-Edn, dated July 25, 1940(as amended).The contents of such notification is quoted hereinbelow :

(3.) As would appear from the notification, the same has been issued under the powers conferred under section 66 of the Bengal (Rural) Primary Education Act, 1930. The notification which took the shape of rule was issued and/or framed in exercise of powers conferred by sub-section (1) and, in particular, by clause (P) of sub-section (2) of section 66 of Bengal (Rural) Primary Education Act, 1930. With effect from September 20, 1974, West Bengal Primary Education Act, 1973 came into force which extended to whole of West Bengal. This Act covered rural and urban area both and became a comprehensive one.