Calcutta High Court (Appellete Side)
Sabuj Kanti Manna vs The State Of West Bengal & Ors on 3 January, 2022
69
03.01.2022.
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 18791 of 2021
(Via Video Conference)
Sabuj Kanti Manna
-versus
The State of West Bengal & Ors.
Mr. Apurba Krisnha Das.
...For the Petitioner.
Mr. Ranjan Saha.
...For DPSC.
Mr. Bhaskar Prasad Vaisya.
...For the State.
The petitioner is an assistant teacher of a primary
school. He was involved in Debra P.S. Case No.
01/2021 dated 1st January, 2021 under sections 143,
341, 325, 307, 506 and 34 IPC. He was placed under
suspension on and from 2nd January, 2021 as he was
detained in custody beyond 48 hours as per Rule 7(2) of
the West Bengal Primary Education (Conduct of Service
of Teachers of Primary Schools) Rules, 2001.
The Chairman-in-charge of the District Primary
School Council, Paschim Medinipur in the Office
Memorandum dated 9th February, 2021 mentions that
the order of suspension shall remain in force until he is
reinstated by a subsequent order from the Council to
that effect on acquittal of the charges levelled against
him or dismissed from service under this Council by
2
issue of relevant order to that effect. The petitioner
shall receive monthly subsistence allowance as per
Rules.
The petitioner submits that he was enlarged on
bail by an order dated 25th January, 2021 by the
Learned Sessions Judge, Paschim Medinipur.
The petitioner submits that as he has been
released on bail, accordingly, he ought to be reinstated
in service.
The petitioner made a representation before the
Chairman of the Council on 16th November, 2021 and
prays for a direction upon the Council to consider the
said representation.
The learned advocate appearing for the
respondents opposes the prayer of the petitioner.
The petitioner in support of his case relies upon
the judgment delivered by this Court in the matter of
Birbhum District Primary School Council & Anr. -vs-
Md. Mukhtar Hossain & Ors. reported in 2009 (1) CHN
476.
This Court in the matter of Amal Kumar Deyati -
vs- The Chairman, Howrah District Primary School
Council & Ors. (WPA 5450 of 2021) delivered judgment
on 3rd December, 2021 involving similar issue.
The Court took into consideration the order passed
by the Hon'ble Supreme Court in the matter of Union of
India -vs- Rajiv Kumar reported in (2003) 6 SCC 516
paragraph 29 wherein the Court held that the order of
suspension does not lose its efficacy and is not
automatically terminated the moment detention came
to an end and the person is set at large.
The Court was of the opinion that the order of
suspension does not become invalid merely because it
is for a long period.
In Md. Mukhtar Hossain (supra) the Court held
that to infer that the sub-rule 7(2) of the 2001 Rules
discontinues the suspension on cessation of detention
would be to plant words therein and imply casus
omissus when there is no case of strong necessity to
presume the inadvertence in the drafting of the sub-
rule.
In the present case, the Chairman-in-charge by an
order dated 9th February, 2021 clearly mentioned that
the order of suspension shall remain in force till the
petitioner is reinstated by a subsequent order or till he
is dismissed from service.
Admittedly, no disciplinary proceeding has been
initiated against the petitioner till date.
It will be open for the Chairman of the District
Primary School Council to take a decision with regard
to the representation filed by the petitioner on 16th
November, 2021 strictly in accordance with law.
Necessary order may be passed by the Chairman
within a period of ten weeks from the date of
communication of a copy of this order.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
