DEBASISH KAR GUPTA, J. - (1.) LET the affidavit of service be kept on record. This writ application is filed by the petitioner for a direction upon the respondent authorities to allow him to discharge his function as a Headmaster of Bandwan Banjara High School, District Purulia.
(2.) BY virtue of the impugned order dated December 8, 2012, the managing committee placed the petitioner under suspension with effect from December 10, 2012 in contemplation of initiating disciplinary proceeding against him. According to the petitioner, no disciplinary proceeding has yet been initialed against the petitioner. It is an admitted position that no proceeding has yet been initiated against the petitioner. The provisions of 28(9)(Viia) of the Management Rule, 1969 prescribes the procedure for placing an assistant teacher under suspension, the same is quoted below : "(viia) to suspend a teacher or an employee where such suspension is in the interest of the institution, pending drawal of proceedings against the persons concerned within ninety days from the date of suspension and during the period of suspension the person concerned shall be paid pay and allowances equal to fifty percent of the pay and allowances drawn by him immediately before such suspension. Such steps shall be referred to the Board within seven days of such action for approval. The person affected by the decision of the Committee may, however, make his/her representation to the Board. The order of suspension shall automatically stand withdrawn in case proceedings are not drawn within a period of ninety days, provided that in exceptional circumstances, this time limit may be waived by the Board after due consideration of the fact of the case but under no circumstances the time limit shall be waived beyond the limit of one year....." Since no disciplinary proceeding is drawn against the petitioner within 90 days from the date of his suspension, the same automatically stood withdrawn after expiry of 90 days from the date of order of suspension, i.e. on or about March 7, 2011. In view of the above, I direct the respondent Nos.6 and 7 to allow the petitioner to resume his duties forthwith.
(3.) THE respondent authorities are directed to release the subsistence allowance of the petitioner for 90 days from the date of suspension as also to release the current salaries including the arrear salaries from the date of expiry of 90 days from the date of placing the petitioner under suspension within July 31, 2013. This writ petition stands disposed of.;