SUDHIR KUMAR MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) For his detention in custody in connection with a pending criminal case the petitioner was suspended by the school authority with effect from February 28, 2006, At that date he was working as an assistant teacher in the school (Habra Model High School, North 24-Parganas).

(2.) According to provisions in Rule 28(9)(viia) of the Management of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969 the suspension order was to be approved by the West Bengal Board of Secondary Education that recognized the school. The approval was given by order dated April 21, 2006.

(3.) Admittedly within ninety days from the date of suspension the school authority did not initiate any disciplinary proceedings against the petitioner. As a result, by operation of law, also in that Rule 28(9)(viia), the suspension order was to stand automatically withdrawn on expiration of the period of ninety days from the date of suspension.