Sushil Kumar Rai & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 4268 Cal

23   17.7.2023                             WPA 3072 OF 2018
Sc   Ct. no.22
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Sushil Kumar Rai & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sutirtha Das ... For the Petitioners Mr. Santanu Kumar Mitra Mr. Ganga Prasad Mukherjee.

... For the State Mr. Piush Chaturvedi Mr. Tarun Kumar Das.

... For the Respondent

Mr. Sutirtha Das, learned advocate appeared for

the petitioner. He submitted that, the disciplinary

proceeding initiated against his client by the relevant

school authority had been quashed by the judgment

and order dated June 30, 2023 passed by the

Hon'ble Division Bench, inter alia, in MAT 1605 of

2022 along with other appeals.

However, the judgment and order of the Hon'ble

Division Bench made it clear that, the school authority

was under liberty to proceed de novo under the new rules,

if so advised.

Mr. Piush Chaturvedi, learned counsel appearing

for the respondent nos. 9 to 12 submitted that, in view of

such liberty being granted by the Hon'ble Division Bench

another order of suspension dated July 11, 2023 had

been issued by the relevant school authority with the

expression that the suspension from your service w.e.f

delivery of judgment pending drawal of proceeding.

Leaned counsel for the petitioner submitted that,

since February 2017, the petitioner was not paid

salary. However, Subsistence Allowance had been

paid from January, 2018.

Mr. Chaturvedi, learned counsel for the school

authority shall take instruction as to why the school

authority shall not pay or secure the amount on

account of salary of the petitioner since February,

2017 till the date of effect of suspension as

mentioned in the Suspension Order dated July11,

2023.

ACO On the prayer of Mr. Chaturvedi, the writ petition

shall appear under the heading "Hearing (Higher

Secondary)" on July 26, 2023.

(Aniruddha Roy, J.)