- (1.) None appears on behalf of the respondent Nos. 4, 5, 6, 7 and 8 inspite of service copies of this writ application upon them. No accommodation is prayed for. Let the affidavit of service filed in Court today be kept on record. This writ application is directed against an order of suspension passed by the respondent school against the petitioner under Memo No. JHS/05/13 dated August 19, 2013. According to the petitioner, he was appointed to the post of non teaching staff (clerk) of Jadabpur High School, District - Hooghly with effect from June 20, 2006. By virtue of the order impugned he was placed under suspension. Subsequently, the respondent school issued a charge sheet dated November 10, 2012 against the petitioner.
(2.) According to the petitioner the provision of Rule 28(9)(viia) of the Management Rules, 1969 prescribes the procedure for placing a teaching or non teaching staff of a government aided educational institution under suspension. According to the petitioner, the above procedure has not been followed by the respondent authority.
(3.) Mr. Biswajit De, learned State Government advocate, submits that the respondent school is the appropriate authority to assist this Court with regard to the above order of suspension. The Government had no role to play in the above matter. For adjudication of the issue involved in this case the provision of Clause (viia) of Sub-rule (9) of Rule 28 of the Management Rule 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 person 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 per cent 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 The order of suspension shall automatically stand withdrawn in case proceedings are not drawn within a period of ninety days, provided that in exceptional circumstances this time limit may be waived by the Board after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 facts of the case, but under no circumstances the time limit shall be waived beyond the limit of one year: Provided that where the period of suspension exceeds 90 days, the amount of subsistence allowance shall be increased after the expiry of ninety days to seventy five per cent of the pay and allowances drawn immediately before such suspension: Provided further that the person concerned shall not be entitled to any subsistence allowance if he/she accepts employment during the period of suspension elsewhere. (viii) to deal with other matters that are brought to be Committee in the interest of the Institution. Note: After Clause (I) of Sub rule(9) of Rule 28, add the following Note: "The Committee shall grant leave according to rules shown in the appendix." Note: An Institution receiving recurring financial assistance in any shape or form from the State Government either for maintenance or for payment of salary and/or allowances of teachers and/or other employees thereof shall be treated as an aided Institution for the purpose of these rules.";