DEBASISH KAR GUPTA,J. - (1.) Since all the relevant materials are available on record, this appeal is taken up for final hearing after dispensing with the formalities to file the paper books with the consent of the parties.
(2.) This appeal is directed against the judgment and order dated May 15, 2015 passed in the writ application.
(3.) The subject matter of challenge in the writ application was an order of suspension dated January 13, 2015 passed against the appellant/writ petitioner in connection with his services as a Clerk of Seth Soorajmull Jalan Balika Vidyalaya (hereinafter referred to as the 'said Vidyalaya'). The learned Single Judge took into consideration the fact of inaction on the part of the respondent authorities in initiating a disciplinary proceeding within 90 days from the date of passing the order of suspension against the appellant. Taking into consideration the provisions of Rule 28(9) (viia) of the Management Rules, 1969, the learned Single Judge arrived at a conclusion that the above order of suspension should not continue after expiry of 90 days from the date of passing the order of suspension. However, the learned Single Judge granted liberty to the respondents to issue charge sheet against the appellant within 15 days from the date of disposal of the writ application and on that occasion, the order of suspension was allowed to be continued till such time the domestic enquiry was concluded. The learned Single Judge proceeded further to fix the period for submitting the reply to the charge sheet by the appellant as also to conduct the domestic enquiry in the following manner:- " i) The petitioner shall have a fortnight's time to reply to the chargesheet, if issued; ii) After the petitioner replies to the charge-sheet, the enquiry officer appointed by the managing committee to conduct the domestic enquiry shall proceed in accordance with law; iii) The petitioner shall be granted opportunity to cross-examine the witnesses adduced by the management; iv) The petitioner shall also be granted opportunity to lead evidence in defence; and v) The enquiry officer shall endeavour to complete the domestic enquiry as early as possible, preferably within three months from the date of his first sitting in terms of this order.";