Kalyan Jyoti Sengupta, J. - (1.) Leave is given to file affidavit-in-opposition and affidavit-in-reply which are made ready.
(2.) This writ petition is directed against an impugned order of suspension which was issued admittedly in a contemplated disciplinary proceedings as far back as on 11th February, 1993. The petitioner is an employee of Mahisbbathani Gram Pancbayat He until the impugned order was passed, have been holding the post of Secretary of the above Panchayat. In the impugned suspension order it has bees mentioned as follows:- "Whereas the Block Development Officer, Old Malda has lodged F. I. R. with the Malda Police Station against the delinquent Secretary, Ex-Pradhan, Dealer for making such allegations ; and Whereas the District Magistrate, Malda on being satisfied with the aforesaid enquiry reports into such allegations, has instructed the appropriate authority to take necessary action; anti Whereas for the reasons as stated above, a departmental proceeding is contemplated against him ; Accordingly in terms of power conferred upon the undersigned under Rule 32 of the W. B. P. (G P. Admn ) Rules. '81 it is hereby ordered that Sri Dauabendranath Roy, Secretary to Mahishbatbani Gram Panchayat within said Block in the same District is placed Under suspension with effect from 11.02.1993."
(3.) It is stated in the writ petition that since the date of issuance of the said impugned suspension order no disciplinary proceeding has been commenced till today. In the affidavit-in opposition such fact baa also been admitted. In the affidavit-in-opposition in Paragraph 17 it is specifically stated 5- "I specifically say that since a departmental proceedings is contemplated on the ground of alleged involvement in a criminal case, the suspension order has been issued for the sake of the investigation of the criminal case and framing of charge sheet. The petitioner may have influenced the process of criminal investigation by using his official capacity if the suspension order was not issued. Suspension is not punishment but a part of departmental proceedings and it is an administrative measure and hence the writ Court should not interfere with the administrative function of the statutory authorities.";