IMPORTANT POINT
Suspension of a teacher cannot be indefinite without disciplinary proceedings; lack of justification renders the suspension unjust.

JUDGMENT :

RAJA BASU CHOWDHURY, J.

1. The present writ petition has been filed, inter alia, praying for revocation of the order of suspension dated 12th November 2018, issued by the respondent no. 5, being the Secretary, District Primary School Council.

2. The petitioner had joined as an Assistant Teacher in Simlabari SPL/C Primary School Alipurduar. Records reveal that the petitioner was placed under suspension by an order dated 12th November 2018. According to the petitioner he had been falsely implicated in a criminal case vide FIR no. 381 dated 30th October 2018 under Sections 341/506 of the Indian Penal Code as also under the Provisions of Sections 25(1)(a)/27 of the Arms Act, 1959. It also appears that the petitioner was detained in police custody for a period between 1st November 2018 till 12th November 2018. At present, though the petitioner had been enlarged on bail, the criminal proceeding initiated against the petitioner on the basis of the FIR being, Alipurduar Police Station Case no. 381 dated 30th October 2018 is still pending.

3. Mr. Mandal, learned advocate representing the petitioner in support of the present writ petition submits that the aforesaid order of suspension has been issued in violation of the provisions of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001 [Hereinafter referred to as the “said Act”]. By drawing attention of this Court to the order of suspension, he submits that the said order of suspension does not identify either explicitly or impliedly that the same had been issued in contemplation of any enquiry proceeding. According to Mr. Mandal, the petitioner has been kept under illegal suspension since, 30th October, 2018.

4. It is still further submitted that the suspension cannot continue indefinitely without the respondents initiating a disciplinary proceeding against the petitioner. Admittedly in this case no disciplinary proceeding has been initiated and the aforesaid order of suspension should be revoked.

5. In support of his aforesaid contention Mr. Mandal has relied on an unreported judgment delivered by a Coordinate Bench of this Hon’ble Court on 13th March 2024 in the case of Swarup Chandra Bisui vs. State of West Bengal of Bengal & Ors. passed in WPA 8304 of 2022.

6. By placing reliance on the provisions of the said Rules and the order of suspension dated 12th November, 2018, it is submitted that the suspension of the petitioner had been effected under Section 7(2) of the said Rules. Although, the same authorizes the appointing authority to place a teacher under suspension in the event the said teacher is detained in custody for a period exceeding 48 hours on criminal charges or otherwise such detention cannot be unnecessarily prolonged without reconsideration thereof. By drawing attention of this Court to the representation dated 20th February, 2023, Mr. Mondal submits that although, the petitioner had made a representation before the Chairman, District Primary School Council for revocation of the order of suspension, the same has not been considered at all.

7. According to Mr. Mondal, the alleged offence for which the petitioner has been falsely implicated, does not involve moral turpitude and, as such, the respondents cannot keep the petitioner under suspension till disposal of the criminal proceedings. In support of his aforesaid contention, he has placed reliance on a judgment delivered by the Hon’ble Supreme Court in the case of Allahabad Bank & Anr. Vs. Deepak Kumar Bhola, (1997) 4 SCC 1.

8. Per contra, Mr. Ghosh, learned advocate appearing for the District Primary School Council, on instructions, submits that although, the aforesaid order of suspension was issued immediately upon the petitioner being arrested by invoking the provisions of Rule 7(2) of the said Rules, the same had not been issued in contemplation of any enquiry proceeding against the petitioner. He submits that at present the respondents do not intend to initiate any d