ASHIM KUMAR BANERJEE,J. - (1.) The appellant is a primary teacher under the Dakshin Dinajpur Primary School Council. The Council put him under suspension under Rule 7(2) of the West Bengal Primary Education (conduct of service of Teachers of Primary Schools) Rules, 2001, on the allegation that he was taken to custody by the police in a case initiated under Section 304B of the Indian Penal Code, read with Section 498A thereof. We are told, his daughter-in-law died an unnatural death in the matrimonial home. The Council issued the order of suspension on September 24, 2009. He was paid subsistence allowance to the extent of 50%. He was enlarged on bail. The Criminal Court charge sheeted him, however, charge is yet to be framed. The Authority subsequently enhanced the suspension allowance to the maximum limit of 75%. The Chairman was asked to assign reason for continuation of the order of suspension. The Chairman passed an order expressing his inability to withdraw the same in view of the provisions of Rule 7(2) of the said Rules 2001.
(2.) Being aggrieved, the appellant approached the learned Single Judge unsuccessfully hence, this appeal.
(3.) Mr. Amalesh Roy, learned Counsel appearing for the appellant contends before us that duty of the Chairman, to form an opinion as to the continuance of the order of suspension, is not an automatic process. According to him, so-called reasoned order, appearing at page 25 of the paper book, would not depict the state of mind, which prompted the Chairman to form an opinion against withdrawal of suspension. Mr. Roy relies on a Division Bench decision in the case of Birbhum District Primary School Council and Anr. v. Md. Mokhtar Hossain and Ors., reported in 2009 (1) CHN 476. He prays for setting aside the order of the Chairman with a corresponding order of remand so that the Chairman could assign reason therefor.;