AI Structured Summary
Not yet generated for this judgment
Judgment
This appeal is directed against the judgment and order dated 25th January, 2016 passed in W.P. 25663 (W) of 2016 on the grounds that the judgment impugned is not tenable in law in fact.
None has moved the appeal and the application for stay of operation of the order impugned today.
However, upon consideration of the order impugned, we find that the petitioner/respondent no.1 had moved before the writ court for the reason that the writ petitioner was suspended by invoking Rule 7(1) of the West Bengal Primary Education (Conduct of Service of Teachers of Primary Schools) Rules 2001 (hereinafter referred to as the said ''Rules'') as the primary school has power to place a teacher under suspension where an enquiry under Rule 9(1) of the said Rules against the petitioner/respondent no.1 was contemplated by the Primary School Council. However, such decision has to be taken by the Council. The second ground taken by the writ petitioner before the Trial Court was that the Rule 7(3) of the said Rule was not complied with which provides that every order of suspension of Rule 7(1) shall be communicated to the Director of School Education, Government of West Bengal and the Board.
The learned Trial Court directed the District Primary School Council to take a fresh decision in the matter in accordance with law and the applicable Rules, if any, otherwise, he is so entitled to do in law, keeping in view the representation of the petitioner dated 29th June, 2016 and, accordingly, the order was quashed on the ground that it does not disclose that the same was passed pursuant to any resolution/decision of the District primary School council and the direction was that the decision must be taken afresh within a fortnight from the date of communication of the order.
Accordingly, the writ application was disposed of by the writ court.
Being aggrieved, the concerned District Primary School Council, the Chairman, the Secretary have moved this appeal.
We do not find any substantial ground to interfere with the order impugned.
Accordingly, the appeal stands dismissed.
Since the appeal is dismissed the connected application being CAN 3364 of 2017 also stands dismissed.