Samapti Chatterjee, J. - (1.) The petitioner has filed the present writ petition for direction upon the respondent authorities specially the school authority to allow the petitioner to resume his duty as clerk in Jamgram Anchalik High School, District -Burdwan and to pay the regular salaries month by month as well as the arrears.
(2.) The case of the petitioner in brief is as follows: - - "That the petitioner was appointed as a clerk to the said school and his appointment was approved by the District Inspector of School (S.E) Burdwan vide Memo dated 25th August, 1995 with effect from 10th July, 1995. All on a sudden on 14h November, 2014 a show -cause notice was issued by the Secretary of the said school thereby asking the petitioner to submit his explanation why the petitioner has drew four (4) times salary." After receiving the said show -cause notice the petitioner prayed for sometime by a letter dated 26th November, 2014 for submitting reply. Thereafter on 5th December, 2014 the Secretary of Managing Committee issued a letter of suspension to the petitioner. The said Secretary also lodged a written complaint against the petitioner before the Inspector -in -charge Barabani Police Station, as a result police case being No. 186 of 2014 dated 15th November, 2014 initiated under Ss. 468/471/409/420 of the Indian Penal Code. The petitioner was arrested on 5th March, 2015 and he was in custody till 12th March, 2015 and the petitioner was released on bail on 13th March, 2015.
(3.) Mr. Ekramul Bari, learned Advocate appearing for the petitioner submitted that as per Rule 28 (8) of the Management Rules the order of suspension is valid till 90 days and after expiry of 90 days the same would be automatically lapsed if it is not further extended by the Board.;