Calcutta High Court (Appellete Side)
(Lakshman Chandra Mondal vs The State Of West on 24 December, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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26 24.12.2014
pg
W.P.32727 (W) of 2014
(Lakshman Chandra Mondal vs. The State of West
Bengal & Ors.)
Ms. Ujjaini Chatterjee............for the petitioner
Ms. Sanghamitra Nandy
Ms. Manika Pandit.................for the State
None appears for the District Primary School
Council, North 24-Parganas (hereafter the 'Council')
despite service of copy of the writ petition on December
16, 2014, as it appears from the affidavit-of-service filed
in Court today. The said affidavit-of-service shall be
retained with the records.
The petitioner is a primary school teacher,
who was detained in custody in excess of 48 hours in
connection with an F.I.R. registered under Sections
148/149/326/307 of the Indian Penal Code giving rise to
Bongaon Police Station F.I.R. No. 559 of 2013 dated July
15, 2013. The petitioner has since been released on bail
on April 10, 2014.
Since the petitioner was in custody in excess
of 48 hours, he is deemed to be placed under suspension.
It is his grievance that he has not been allowed to resume
duty after being released on bail.
It appears from page 28 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
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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 writ
petition pending for decision on affidavits.
The Chairman of the Council, respondent no.
4 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.)