MD ABDUL MANNAN Vs. STATE OF W B

JUDGEMENT

(1.) This writ petition has been moved challenging an office order dated March 31, 2005 issued by the Secretary, Malda District Primary School Council. The said office order has been annexed as P-2 to the writ petition which is quoted hereinbelow:

(2.) Office order appears to be deemed suspension order in terms of Government notification being No.1493-Edn. dated the 25th July, 1940 (as amended), the contents of the 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(l) 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.