Ashok Kumar Sahoo v. Central Board Secondary Education And ORS

17.05.23 84 Ct. No.25 Sws.M WPA 5347 of 2023 Ashok Kumar Sahoo Vs.

Central Board of Secondary Education & Ors.

Mr. Rajib Ganguly ....for the petitioner Mr. Aritra Basu ...for the respondent Nos. 2 & 3 Mr. Sondeep Chakraborty ...for the respondent/School Mr. U.S. Menon Mr. Abhirup Chakraborty ...for the respondent No. 1 By an order dated March 27, 2023 this court was of the view that the petitioner could not be placed under suspension indefinitely without initiation of disciplinary proceedings and payment of subsistence allowance. It is submitted on behalf of the petitioner that subsistence allowance has been paid to the petitioner.

Mr. Basu, learned counsel appears on behalf of the respondent Nos. 2 and 3 hands over a written instruction in court today to show that the period of suspension of the petitioner has been extended for a further period of six months vide communication dated February 28, 2023. In such view of the matter there is no question of allowing the petitioner to join his service forthwith.

Since it is submitted that the respondentauthorities have initiated disciplinary proceedings and also paying the subsistence allowance to the petitioner nothing further remains to be adjudicated in the present writ petition. The disciplinary proceedings, so intimated will be disposed of within four months from date. It is made clear that till such time the petitioner is placed under suspension the respondent authorities shall pay the subsistence allowance to the petitioner month by month, within the 10th of every month. With the directions aforesaid, WPA 5347 of 2023 is disposed of.

Since no affidavits have been invited in the present writ petition, the allegations contained in the writ petition are deemed not to have been admitted by the parties.

All parties to act on the server copies of this order duly downloaded from the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities.

(Lapita Banerji, J)