Jayanta Kumar Biswas, J. - (1.) THE petitioner in this writ petition dated July 2, 2009 is challenging the order of the Secretary, Parhelia Colliery Hindi High (H.S.) School, P.O. Neturia, Purulia (W.B.) dated January 15, 2007, Annexure P7 at p.42.
(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 As a result, by operation of law, also in Rule 28(9)(viia), the suspension order was to stand automatically withdrawn on expiration of the period of ninety days from the date of suspension.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.;