ANANT KUMAR SHAW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A coordinate Bench of this Court refused the interim order on the ground that the order of suspension which had been challenged in this writ petition was based on the reply to the show cause which had been submitted by the writ petitioner and that, prima-facie, there was no reason to interfere at the interim stage. I am, however hearing this matter after affidavits. The respondent no.5 has filed an affidavit in opposition and the reply thereto has been affirmed and a copy of the same has been served on the respondent no.5. Despite directions granted on January 14, 2019 and the expiry of the time of three weeks granted thereby the respondent no.8 has not filed any affidavit in opposition, but is present and represented by a learned advocate. The affidavit in opposition on behalf of the respondent no.5 has been affirmed by the Sub-Inspector of Schools (SE), Barrackpore, North 24 Parganas and none else. Therefore, the statements contained in the writ petition stand admitted by all other respondents including the respondent no.6 who is also the Drawing and Disbursing Officer of the said school appointed by the respondent no.5.

(2.) The writ petition is for judicial review of an order passed by the respondent no.3 by which the writ petitioner was placed under suspension. This order is dated December 21, 2018. It was issued pursuant to a notice to show cause which had been served on the writ petitioner. The notice to show cause was dated November 12, 2018. By the said notice the respondent no.3 had sought clarification from the writ petitioner, the teacher-in-charge in respect of the following issues:

(3.) The writ petitioner had submitted a reply referring to and relying upon his earlier responses to the respondent no.5 clarifying the said issues.