(1.) This writ petition has been moved challenging an office memorandum dated February 23, 2004 issued by the Chairman District Primary School Council, Nadia. In the office memorandum it has been stated that the petitioner, a Head Teacher of Raghunath Siromoni Primary School under Nabadwip P.S. has been suspended with effect from January 19, 2004 due to her detention in jail custody for period exceeding 48 hours in connection with Nabadwip P.S.Case No.05/2004 dated January 19, 2004 under section 498A/306/34 of Indian Penal Code as per Government Notification No.906-S.E.(Pry) dated July 09, 2001. It has also been stated that the petitioner will be paid subsistence allowance.

(2.) The deemed suspension has been provided in a Government Notification which takes the form of rule is the subject-matter of discussion here. It is to be decided as to whether this deemed suspension is permissible or not. It is also to be decided as to what would be the effective period of such deemed suspension. Initially, for guidance of service conditions of primary teachers, rules were there under 1930 and 1963 Act that is Bengal (Rural) Primary Education Act, 1930 and West Bengal Urban Primary