- (1.) The writ Petitioner has approached this Court challenging an office memo dated 10th September, 2010, issued by the Chairman, District Primary School, Council, Howrah. The said office memo is set out in its entirety hereinbelow: OFFICE MEMORANDUM In reference to the judgment dated 09.08.2010 passed by the Court of Judicial Magistrate 7th Court, Howrah in G.R. Case 2269 of 2005 Sk. Sultan Ali, A.T. of Sahapur Uttar Para Pry. School under Panchla Circle, Howrah is found guilty of the offence under Section 498A of the Indian Penal Code and is accordingly convicted under Section 248(2) of the Code of Criminal Procedure and he is sentenced to suffer simple imprisonment of one year. Hence, in accordance with Rule 7 of the Notification No. 906-SE(Pry), dated 09.07.01, Sk. Sultan Ali, A.T. of Sahapur Uttar Para Pry. School under Panchla Circle, Howrah is hereby placed under suspension w.e.f. 09.08.2010, the date on and from the said teacher was found guilty and convicted as stated above. During the suspension period, the said teacher is entitled to get the subsistence allowances as per rules. All the concerned be informed accordingly. Chairman District Pri School Council, Howrah Dt. 10.9.10.
(2.) The issue that comes up for consideration before this Court is whether the writ Petitioner can be placed under suspension in accordance with Rule 7 of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001 (hereinafter referred to as the said Rules), in view of the fact situation as presented in the said memo.
(3.) Before addressing this issue, it is perhaps necessary to set out, in brief, the facts of the instant case: The Petitioner was appointed as an assistant primary teacher of Balarampur Sardarpara Primary School by a memo of appointment dated 21st August, 2003, issued by the Chairman, District Primary School, Council, Howrah, being the Respondent No. 5 herein. Subsequently, the writ Petitioner was transferred to Sahapur Uttarpara Primary School in terms of office an memo dated 18th May, 2005, issued by the Chairman of the said Council. On the basis of a written complaint made by the wife of the writ Petitioner on 2nd October, 2005, before the Sankrail Police Station, Howrah, a case was registered against the writ Petitioner and others, being case No. 269/2005 dated 2nd October, 2005, under Sections 498A/34 of the Indian Penal Code, 1860 and under Sections 3 & 4 of the Dowry Prohibition Act, 1961. Consequently, a chargesheet was submitted against the writ Petitioner and others on 30th November, 2005, under Section 498A of the Indian Penal Code 1860 and under Sections 3 & 4 of the Dowry Prohibition Act, 1961. The Court, thereafter, framed a charge under Section 498A of the Indian Penal Code, 1860, against all accused persons including the writ Petitioner. Consequently, trial began before the Court of learned Judicial Magistrate, 7th Court, Howrah, and ultimately by a judgment and order dated 9th August, 2010, the writ Petitioner and another person were adjudged guilty of offence under Section 498A of the Indian Penal Code 1860 and were accordingly convicted under Section 248(2) of the Code of Criminal Procedure, 1973, and sentenced to suffer simple imprisonment for one year each and also pay a fine of Rs. 1,000/- each, in default whereof to suffer imprisonment of one month each. On that day itself, the learned Judicial Magistrate entertained a petition filed under Section 389 of the Code of Criminal Procedure, 1973 by the writ Petitioner and the other convicted person and allowed the prayer for releasing them on interim bail of Rs. 2,400/- each with two registered sureties of Rs. 1,200/- each and also directed them to find fine bond of double the amount of fine. The interim bail was to be in force till 25th November, 2010, taking into consideration the prayer of the convicted persons that they would be preferring an appeal in the meanwhile.;