RAVI KRISHAN KAPUR,J. - (1.) This petition is filed challenging the refusal on the part of the respondent school authorities to permit the petitioner to resume his duties as a school teacher upon his release on bail in view of the provisions of clause 'b' of Memo No.S/Adm/17 dated 19 January, 2007 read with Rule 28(8)(8b) of the Management of Recognized Non-Government Institution Aided and Non-Aided Rules, 1969 ("the Rules"). The petitioner has also challenged his letter of suspension dated 10 February, 2017, inter alia, suspending the petitioner for enjoying illegal and unauthorized leave and long absence.
(2.) The case of the petitioner is that he was appointed as an Assistant Teacher in 'Bengali' in Khidirpur High School, Village and P.O.- Khidirpur, P.S.-Balurghat, District-Dakshin Dinajpur, Pin-733103. The petitioner joined the school on 29 April, 2005. It is alleged by the petitioner that since the end of October 2016 he could not regularly attend the school due to the illness of his father. By an application dated 17 December, 2016 the petitioner applied for leave from the school authorities. Thereafter, as admitted in the writ petition the petitioner was shown to have been arrested in a criminal case on 7 January, 2017 and was ultimately released on bail on 4 February, 2017. By a letter dated 10 February, 2017 the petitioner was suspended. Upon release on bail, the petitioner, by representations dated 21 February, 2017 and 24 March, 2017, prayed to the school authorities to resume his duties. It is this action on the part of the school authorities in not permitting the petitioner to resume his duties that is the crux of the dispute between the parties.
(3.) It is alleged on the part of the respondents that the petitioner was involved in a case of smuggling of international snake venom. On 24 October, 2016 a warrant of arrest was issued against the petitioner and he was found to be evading arrest for sometime. On 4 November, 2016, after re- opening of the school after the Puja Vacation the petitioner continued to remain absent. The school authorities tried desperately to contact him but the petitioner was untraceable. On 7 November, 2016, a special messenger was sent to the house of the petitioner but the family members of the petitioner including the father of the petitioner refused to disclose anything about the whereabouts of the petitioner. This fact was intimated by the school authorities to the concerned District Inspector of Schools as well as the local police station on 8 November, 2016. By a letter dated 21 November, 2016, the petitioner was directed to report immediately to school since he had been absent without any intimation of leave. In response to the said letter, the petitioner informed the school authorities that he was in Kolkata from 4 November, 2016 for the treatment of his father. He reiterated his stand by another letter dated 21 February, 2017. The petitioner was ultimately found to have been arrested on 7 January, 2017. Thereafter, as per the decision of the Managing Committee dated 10 February, 2017 the petitioner was placed under suspension in contemplation of disciplinary proceedings in accordance with Rule 28(9)(viia) of the Rules. Thereafter, the school sent all the relevant papers to the West Bengal Board of Secondary Education for approval of the suspension order issued against the petitioner. The Board issued notices to the petitioner and the School Authorities for hearing the case for approval of the suspension. After hearing the respective parties, the Board approved the order of suspension and communicated the same to the petitioner by a letter dated 4 July, 2017.;