Calcutta High Court (Appellete Side)
(Pranamoy Hazra vs The State Of West Bengal & on 24 December, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
38 24.12.2014
pg
W.P.33272 (W) of 2014
(Pranamoy Hazra vs. The State of West Bengal &
Ors.)
Mr. Apurba Krishna Das.......for the petitioner
Mr. Kamalesh Bhattacharya.....for the respondents 4 & 6
The petitioner is a primary school teacher, who was detained in custody in excess of 48 hours in connection with Belda Police Station F.I.R. No. 57 dated March 01, 2014 registered under Sections 448/354/354B of the Indian Penal Code. He has since been released on bail on March 28, 2014.
Since the petitioner was in custody in excess of 48 hours, he has been suspended with effect from March 12, 2014 vide Memo No.9833/7/LA dated September 11, 2014 by the Chairman, District Primary School Council, Paschim Medinipur (hereafter the 'Council'). It is his grievance that he has not been allowed to resume duty after being released on bail.
It appears from page 23 of the writ petition that a representation addressed to the Chairman of the Council is pending, wherein it has been prayed that the petitioner may be allowed to resume duty.
I am of the considered view that having regard to the nature of grievance expressed by the petitioner in this writ petition, no useful purpose would be served in keeping the same pending for decision on affidavits. The Chairman of the Council, respondent no. 4 2 is directed to consider such representation and decide as to whether the petitioner is entitled to resume duty bearing in mind the fact that the offence with which he has been accused was not committed in the discharge of his official duty.
Let a decision in terms of this order be given by the respondent no.4 as expeditiously as possible but not later than a month from date of its receipt.
If the petitioner's representation deserves acceptance, follow up steps in accordance with law shall be taken without delay. On the contrary, if he is not found entitled to any relief, a reasoned order shall be passed and communicated to him.
The writ petition stands disposed of with the aforesaid direction.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)