BIVASH KUAMR BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Chairman, Nadia District Primary School Council dated February 22, 2006 suspending him from service. Relevant portion of the order is : "Bibhas Kumar Biswas, Head Teacher, Mahisbathan Primary School, P.O. Aahamatpur under Karimpur West Circle, District, Nadia is hereby suspended from his normal duty for violation of election rules and dereliction of duties in connection with Special Summary Revision of Electoral Rolls, 2006. This order is issued as per instruction of the District Magistrate & District Election Officer, Nadia bearing Memo No. 620/Elec dated 16.02.2006."

(2.) Counsel for the petitioner submits that on the basis of directions given by the District Magistrate and District Election Officer, the District Primary School Council ought not to have exercised the statutory power conferred on it by provisions in Rule 7 of the West Bengal Primary Education (Conduct of Service of Teachers' of Primary Schools) Rules, 2001. He says that the order of suspension is vitiated by improper exercise of power. Facing with the situation, counsel for the primary school council submits that after setting aside the impugned order the council may be given liberty to proceed in accordance with law.

(3.) Counsel for the State submits that the District Magistrate and District Election Officer ensured registration of an F.I.R. against the petitioner that in the capacity of Head Teacher of Mahisbathan Primary School he had issued false certificates regarding dates of birth of certain applicants. He says that on the basis of the F.I.R. a criminal case was instituted against the petitioner under Section 197 read with Sections 192 and 193 of the Indian Penal Code, 1860 and Section 31 of the Representation of People Act, 1950. He says that it was for the council to decide whether there was reason to suspend the petitioner and to initiate disciplinary proceedings against him.