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RAJA BASU CHOWDHURY
Rupan Das – Appellant
Versus
State of West Bengal – Respondent
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
Suspension of a teacher cannot be indefinite without disciplinary proceedings; lack of justification renders the suspension unjust.
The court upheld the authority's discretion to continue suspension in the context of a pending criminal proceeding, considering the seriousness of the charges and the need for further proceedings.
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
Employment - Investigation - Order of Suspension of Teacher cannot cancel - Preliminary investigation, contemplated under said sub-rule, is to satisfy controlling officer about necessity or need for ....
Prolonged suspension of an employee without substantial evidence post-disciplinary proceedings is arbitrary and unjustified.
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
Suspension orders must be reviewed within 90 days; indefinite suspension without charges violates CCS (CCA) Rules and principles of personal freedom.
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