- (1.) The writ petitioner has challenged an order of suspension against him dated 13 May, 1999 of the Chairman, Adhoc Committee, Midnapore District Primary School Council. It appears from the said order, Annexure P/7 to the writ application, that the writ petitioner was "placed under suspension with immediate effect i.e. from the date of issue of this order of suspension till the disposal of the aforementioned criminal proceedings or until further orders from this Council to that effect". The actual order of suspension is quoted from the order of suspension itself. The writ petitioner is the Headmaster of Majuria Primary School in Keshpur Circle, in the District of Midnapur West.
(2.) It appears that the writ petitioner was impleaded as an accused in the criminal case the particulars of which are mentioned in the said order of suspension dated 13 May, 1999. It further appears that the writ petitioner was arrested and detained in jail custody from 17 August, 1998 to 2nd September, 1998. The order of suspension was issued because the petitioner was in the jail custody as an accused in a criminal case as aforesaid. The petitioner, it appears, was released on bail by the learned Sub-Divisional Judicial Magistrate, Midnapur. The learned Magistrate found that in the F.I.R. in question filed against the accused, the writ petitioner, there was no whisper or any case diary about the involvement of the writ petitioner in the case in question. The learned Magistrate found no reason to refuse the prayer for bail of the writ petitioner, namely, Ayub Ali. The order was made by the learned Magistrate granting bail to the writ petitioner on 1st September, 1998.
(3.) Mr. Deb Barman, learned Advocate appearing on behalf of the writ petitioner submits that the said order of suspension was made against the writ petitioner much after the writ petitioner was released on bail by the learned Magistrate after having been found that there was not even a prima facie case against the writ petitioner as his name was not found in the F.I.R. in question. Essentially, the jurisdiction of the Chairman of the Adhoc Committee, Midnapur District Primary School Council is challenged by Mr. Deb Barman and in this connection he relies on a judgment of His Lordship Justice Bhaskar Bhattacharjee in Basudeb Mallick v. State of West Bengal and Others, reported in 2004 (1), Calcutta High Notes, Page 32. Before I consider and deal with the said judgment as cited by Mr. Deb Barman, the relevant provisions of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules, 2001 under which the Chairman of the Midnapore District Primary Council sought to exercise his jurisdiction in passing the said order of suspension are ' set out below :- "Where a teacher is detained in custody for a period exceeding 48 hours on a criminal charge or otherwise, he shall be deemed to be suspended by an order of the appointing authority with effect from the date of his detention and shall remain under suspension until further orders. A teacher who is undergoing a sentence of imprisonment shall be dealt with in the same manner pending a decision as to the disciplinary action to be taken against the teacher".;