Gopi Nath Saren v. State Of West Bengal And ORS.

13.04.2021 adeb WPA 7697 of 2021 Gopi Nath Saren Vs.

The State of West Bengal & Ors.

Mr. Lal Ratan Mondal Mr. Avik Kumar Das ..for the petitioner Mr. Malay Kumar Singh Mr. Sk. Md. Masud ..for the State Affidavit of service filed in Court today be kept with the record.

Learned Counsel appearing for the petitioner challenges an order dated 18th April, 2019 and submits that the suspension order passed under Rule 7 of West Bengal Primary Education ( conduct of Service of Teachers of Primary School) Rules, 2001 was handed over to the petitioner only in 2020 and thereafter the petitioner has made a representation before the Chairman, District Primary School Council, Paschim Medinipur on 15th January, 2020 which is at page 41 being annexure P8 of the writ petition, but such representation was never considered by the Chairman, District Primary School Council, Paschim Medinipur.

Mr. Malay Kumar Singh, learned Advocate appears for the State.

Heard all the parties.

As the representation has not been considered by the Chairman, District Primary School Council, Paschim Medinipur, the Chairman, District Primary School Council, Paschim Medinipur being the respondent no. 3 in the instant application is requested to consider the representation of the petitioner. The writ petitioner is directed to serve a copy of this order along with a copy of the writ petition to the Chairman, District Primary School Council, Paschim Medinipur being the respondent no. 3. The Chairman, District Primary School Council, Paschim Medinipur respondent no. 3 is requested to give an opportunity of hearing to the petitioner and to allow the petitioner to produce all the relevant documents at the time of hearing and to pass a reasoned order within twelve weeks from today. The Chairman, District Primary School Council, Paschim Medinipur being the respondent no. 3 is also requested to communicate the reasoned order to the petitioner at an earliest.

With the above direction WPA 7697 of 2021 is disposed of.

I make it clear that I have not gone into the merits of the writ petition, all the issues are left open to the Chairman, District Primary School Council, Paschim Medinipur to be decided by him.

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

There will be no order as to costs.

The parties shall act in terms of the copy of the order downloaded from the officer website of this Court. (Rajarshi Bharadwaj, J.)