23.03.2026 Sl. No.37 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 1655 of 2025 Sunil Kumar Mandi versus State of West Bengal & Ors.

Mr. Amal Krishna Samanta, Mr. Arun Kumar Das …for the Petitioner.

Mr. Santanu Kumar Mitra, Sr. Govt. Adv.

Mr. Subhabrata Das …for the State.

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

1. By the present writ petition the petitioner seeks for setting aside and/or quashing of the order of suspension dated 19^th September, 2023 issued by the Chairman-in-Charge, District Primary School Council, Paschim Medinipur suspending the petitioner with effect from 1^st August, 2023 as per Rule 7(2) of West Bengal Primary Education (Conduct of Service of Teachers of Primary School) Rules, 2001.

2. The petitioner contends that he joined as an Assistant Teacher of Washil Chak Primary School at Lakshmanchak under Khedgree Circle, Purba Medinipur on 2^nd November, 2012. The petitioner was confirmed in the said post with effect from 2^nd November, 2014. Subsequent thereto, the petitioner was transferred to Ambigeria Primary School, Paschim Medinipur on 6^th October, 2020. On 31^st July 2023 a criminal complaint was lodged against the petitioner which was registered as Kharagpur Local Police Station Case No.621 of 2023 dated 31^st July 2023 (G.R. Case No.2301 of 2023) under Sections 376(2)(f)(n)/417/506 of the Indian Penal Code (in short IPC). The petitioner was arrested on 4^th August, 2023. The petitioner was put under suspension with effect from 1^st August, 2023. The petitioner was enlarged on bail on 26^th September, 2023. Upon completion of investigation charge-sheet was submitted on 4^th September, 2023 under Sections 376(2)(f)(n)/417/506 of IPC. The aforesaid criminal case has been committed to the Court of Additional District and Sessions Judge, Fast Track, 2^nd Court, Paschim Medinipur for trial and disposal. The said criminal case is still pending. There are no such disciplinary proceedings initiated against the petitioner after his suspension. On 11^th December, 2023 the petitioner made a representation before the Chairman, District Primary School Council, Paschim Medinipur for withdrawal and/or revocation of the impugned order of suspension followed by a representation on 18^th December, 2024. However, no decision has yet been taken by the authority concerned on the representation of the petitioner. Being aggrieved by the action of the respondent authorities, the petitioner has preferred the present writ petition.

3. Mr. Amal Krishna Samanta, learned advocate for the petitioner submits that it is settled proposition of law that suspension cannot be continued for an indefinite period. There are no such disciplinary proceedings initiated against the petitioner upon such suspension. Pendency of a criminal case cannot be an embargo for reinstatement of the petitioner in his service upon withdrawal of the order of suspension. To buttress his contention, he relies on the following decisions:

a) State of Orissa through its Principal Secretary, Home Department versus Bimal Kumar Mohanty reported in (1994) 4 SCC 126 of the Hon’ble Supreme Court;

b) Ajay Kumar Choudhary versus Union of India through its Secretary and Another reported in (2015) 7 SCC 291 of the Hon’ble Supreme Court;

c) Sandipta Gangopadhyay versus Allahabad Bank & Ors. reported in 2015 SCC Online Cal

5553 of the Coordinate Bench of this Court; and d) Swarup Chandra Bisui versus State of West Bengal & Ors. (Re: WPA 8304 of 2022) of the Coordinate Bench of this Court.

He seeks for appropriate orders for revocation and/or withdrawal of the order of suspension.

4. On the contrary, Mr. Ranjan Saha, learned advocate

for District Primary School Council, Paschim

Medinipur submits that the petitioner is the Teacher-

in-charge of the school and allegation against the

petitioner is of commission of rape upon a midday meal worker of the said school, which is a serious offence. On the basis of prima facie material, the investigating o