Calcutta High Court (Appellete Side)
Subodh Kumar Murmu vs The Sate Of West Bengal & Ors on 11 June, 2013
Author: Aniruddha Bose
Bench: Aniruddha Bose
1 08 11.06.13
W.P. 15641 (W)_of 2013 nb ab Subodh Kumar Murmu Vs The Sate of West Bengal & Ors.
Mr. Biswaroop Bhattacharya Mr. Vivekananda Bauri Mr. Anindya Bose ... For the Petitioner.
Mr. Somnath Nasker ... For the State.
No one appears for the college authorities when the matter is called on for hearing.
The complaint of the writ petitioner is that he is not being permitted to join his duties by the college authorities. The petitioner claims to work as a "Laboratory Attendant" in the concerned college, being Kashipur Micheael Madhusudan Mahavidyalaya in the district of Purulia. There is allegation against him relating to offence under Sections 376/417 of the Indian Penal Code.
Contention of the petitioner is that at no point of time he was taken into custody for such offence and at present he is on bail. It is further submitted that the offence alleged has no connection with his service in the said college.
In appropriate cases, if there is a charge of heinous crime against any employee, it may be permissible under the Rules for certain institutions providing for placing the concerned employee under suspension or initiation of departmental proceeding against him to decide whether such person could be permitted to continue with his regular work in the institution or not. 2 In this proceeding however, case of the petitioner is that no such departmental enquiry or proceeding has been started against him. There is no order of suspension either against the petitioner. So far as the commission of the alleged offence is concerned, the charge against the petitioner has not been proved and there cannot be any presumption of guilt against the petitioner. The college authorities have not come forward with any other justification for their action and the allegations of the writ petitioner made in the writ petition go unrebutted.
In these circumstances, I choose to dispose of this writ petition with a direction upon the college authorities to permit the petitioner to discharge his duties in the college. The petitioner shall also be entitled to receive his regular salaries and other emoluments. This order however shall not prevent the college authorities from initiating departmental action against the petitioner if the service regulation permits such action.
The writ petition stands disposed of in the above terms. Since this writ petition is being disposed of without calling for any affidavit, allegations made in the writ petition shall be deemed to have not been admitted.
There shall, however be, no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be supplied to the learned Counsel for the parties as expeditiously as possible, in compliance of usual formalities.
(Aniruddha Bose, J.) 3