10.03.2026 Sl. No.10 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/846/2026 NISHAKAR CHAKRABORTY VS STATE OF WEST BENGAL AND ORS.

Mr. Sourav Mitra Ms. Sreyasree Choudhury … for the petitioner.

Mr. Mohan Kumar Sanyal Mr. Abhijit Ghosh … for the State.

Mr. Ranjan Saha … for the DPSC, Paschim Medinipur.

1. By the present writ petition the petitioner seeks for cancellation and/or withdrawal of the letter under Memo No.7988/LS dated 25^th January, 2017 of respondent no.4, Chairman, District Primary School Council, Paschim Medinipur, and letter under Memo No.360/P dated 12^th April, 2017 of respondent no.5, District Inspector of Schools (Primary Education), Paschim Medinipur.

2. The petitioner contends that he was an Assistant Teacher of Pathrajuri Primary School, District – Paschim Medinipur. While in service on 13^th June, 2011 the petitioner was arrested by the police authorities in connection with Salboni Police Station Case No.18 of 2010 (arising out of G.R. Case No.228 of

2010) under Sections 323/341/365/366/427 of the Indian Penal Code (In short, ‘IPC’) and was detained in custody. Pursuant thereto, the petitioner was suspended from service due to allegation of involvement in criminal offence and detention in custody for more than 48 hours with effect from 13^th June, 2011. The petitioner was enlarged on bail on 14^th July, 2011. Thereafter petitioner approached the authority concerned, namely, Chairman, District Primary School Council, Medinipur seeking permission to join.

3. Since the petitioner was not allowed to join, he filed a writ petition being WP 29277(W) of 2014 which was disposed of on 27^th November, 2014 as follows:- “Having regard to the fact that the petitioner has been paid subsistence allowance out of public exchequer without extracting any work from him for the last three years, although he may not have been involved in any offence relating to official discharge of duties, this writ petition stands disposed of with a direction upon the Chairman of the Council, respondent no. 4 to consider the desirability of revoking the order of suspension against the petitioner bearing in mind the above.

Let the Chairman take an appropriate decision upon hearing the petitioner as early as possible but not later than four weeks from date of receipt of a copy of this order.

If the petitioner’s claim deserves acceptance, follow up steps in accordance with law shall be taken without delay. On the contrary, if the order of suspension is to be continued, a reasoned order shall be passed and communicated to him.”

4. Pursuant thereto, by an order dated 30^th March, 2015 the Chairman of the Council expressed his inability to withdraw the order of suspension.

5. The aforesaid order of Chairman of the Council was challenged before this Court by way of a writ petition being WP 25465(W) of 2016. The said writ petition was disposed of on 25^th November, 2016 with the following direction:

“Accordingly, I direct the respondent no.4 to revoke the suspension order in respect of the petitioner so as to allow him to join on November 30, 2016 i.e. the date of his superannuation. It is entirely up to the school authorities whether to assign any class to the petitioner or not and I make no direction in that regard. This order is passed on humanitarian grounds so that the retiral benefits of the writ petitioner are not adversely affected.

The respondent no.5 shall prepare the pension papers of the petitioner after proper fixation treating November 30, 2016 as the date of superannuation within a period of six weeks from the date of communication of this order and forward the same to the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal.

Upon receipt of the pension papers, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal shall issue necessary pension payment order in accordance with law and the applicable rules as expeditiously as possible.”

6. Pursuan