BABLU SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by continuation of his suspension pursuant to the letter of suspension dated June 12, 2018 issued by the Chairman, Siliguri, Primary School Council in terms of Paragraph 7(2) of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001. The petitioner was kept under suspension retrospectively from May 20, 2018.

(2.) It is the contention of the petitioner that the ground for suspension was that the petitioner was kept under judicial custody for a period of 10 days in relation to Phansidewa Police Station Case No. 117/18 dated 20.05.2018 under Sections 10 and 12 of the POCSO Act, 2012. Subsequently, the petitioner has been released on bail by an order dated June 26, 2018 passed by the learned Judge, Special Court (POCSO Act), Siliguri. In the order granting bail it has been recorded that the learned Advocate for the de facto complainant submitted before the Court that the criminal proceedings were initiated due to some misunderstanding which has been resolved.

(3.) It is contended by the petitioner that although the petitioner has been kept under suspension for more than one year, no disciplinary proceeding has been initiated against him. It is further contended by the petitioner that there are several decisions of this Court by which Their Lordships have held that if the offence alleged is not concerned with the service of a suspended employee then such suspended employee should be allowed to re-join his duties. In this case bail has been granted and the de facto complainant has also submitted that there was a mistake in initiating the criminal proceedings. Reliance is placed on the decision in the matter of Amit Biswas v. State of West Bengal reported in 2007 (2) CHN 9.