( 1 ) BY this writ application the writ petitioner, an approved assistant teacher of a school has challenged Annexure -P/14 to the instant writ application by which he was suspended in terms of the management Rule 28 (9) (viia) with effect from July 27, 2003 till the disposal of a criminal case.

( 2 ) THERE is no dispute that the petitioner is involved in a criminal case under immoral Traffic Prevention Act and was consequently arrested on July 27, 2003, he remained in custody till August 12, 2003 and on that date he was released on bail. Subsequently, by order, dated September 1, 2003 the Managing Committee of the school by passing the order impugned suspended the petitioner with effect from July 27, 2003 till the disposal of the case.

( 3 ) BEING dissatisfied petitioner has come up before this Court under Article 226 of the Constitution of India.

( 4 ) IT is contended by Mr. Sahoo, learned Advocate for the petitioner that there cannot be any suspension from an anterior date, and, as such, the order of suspension should be set aside.

( 5 ) THE aforesaid contention of Mr. Sahoo has been opposed by Mr. Roy, learned Advocate appearing for the school auth