Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated January 21, 2009 is challenging the order of the Secretary, Parbelia Colliery Hindi High (H.S.) School, P.O. -Neturia, Purulia (W.B.) dated January 15, 2007, Annexure P7 at p. 40.
(2.) BY the order the school authority suspended her with effect from January 16, 2007. It was stated that she was suspended "in the best interest of the school for negligence of duties, gross misconduct and unsatisfactory replies to the show cause notice served on" her. The order was issued according to the provisions of Rule 28(9) (viia) of the Management of Recognized Non Government Institutions (Aided and Unaided) Rules, 1969. The order was required to be approved by the West Bengal Board of Secondary Education that recognized the school. Counsel for the school authority submits that though all papers seeking the approval were sent to the board, the board did not give any decision. Admittedly, within ninety days from the date of suspension the school authority did not initiate any disciplinary proceedings against the petitioner. As a result, by operation of law, also in Rule 28(9)(viia), the suspension order was to stand automatically withdrawn on expiration of the period of ninety days from the date of suspension.
(3.) THE above -noted legal position has been noticed by counsel for the school, who finds little to say. He says that his client may be permitted to suspend the petitioner again, if in future a similar situation under which she was suspended arises. I am unable to appreciate the stand of the school. There is no reason for the Court to grant the school an anticipatory permission to suspend the petitioner. Whether an occasion such as the one that led to the petitioner's suspension would at all arise in future is not known to anyone. When the law confers power on the managing committee to suspend a member of the teaching staff for good reasons, I am unable to see why the school authority should seek a protective shield from the Court. For exercising any power no leave of the Court is necessary. The question for decision in this case is whether the suspension order is still in force. I fully agree with counsel for the petitioner that the of suspension order dated January 15, 2007 died a natural death on expiration of the period of ninety days from that date. As a result, the petitioner has become entitled to salaries and allowances. The respondents are under an obligation to permit her to discharge her duties.;