- (1.) A coordinate Bench of this Court refused the interim order on the ground that the order of suspension which had been challenged in this writ petition was based on the reply to the show cause which had been submitted by the writ petitioner and that, prima-facie, there was no reason to interfere at the interim stage. I am, however hearing this matter after affidavits. The respondent no.5 has filed an affidavit in opposition and the reply thereto has been affirmed and a copy of the same has been served on the respondent no.5. Despite directions granted on January 14, 2019 and the expiry of the time of three weeks granted thereby the respondent no.8 has not filed any affidavit in opposition, but is present and represented by a learned advocate. The affidavit in opposition on behalf of the respondent no.5 has been affirmed by the Sub-Inspector of Schools (SE), Barrackpore, North 24 Parganas and none else. Therefore, the statements contained in the writ petition stand admitted by all other respondents including the respondent no.6 who is also the Drawing and Disbursing Officer of the said school appointed by the respondent no.5.
(2.) The writ petition is for judicial review of an order passed by the respondent no.3 by which the writ petitioner was placed under suspension. This order is dated December 21, 2018. It was issued pursuant to a notice to show cause which had been served on the writ petitioner. The notice to show cause was dated November 12, 2018. By the said notice the respondent no.3 had sought clarification from the writ petitioner, the teacher-in-charge in respect of the following issues: "1. It is reported by the D. I. of Schools (SE), Barrackpore, North 24 Parganas that two teachers namely Sri Surendra Dubey, A.T and Sri Devendra Dubey, A.T were placed under jail custody for more than 48 years and you were also directed by the D.I of Schools (SE), North 24 Parganas to take appropriate action. But till now you have not taken any action in this regard. 2. It is also reported that you have also used the School premises for marriage program, although the School building is the property of Govt. of West Bengal. The School authority is bound to take proper permission from the competent authority to use School premises for marriage program, because the Govt. provides grant in aid from its exchequer."
(3.) The writ petitioner had submitted a reply referring to and relying upon his earlier responses to the respondent no.5 clarifying the said issues.;