Brijesh Kumar Singh v. The State Of West Bengal And ORS.

18-11-2025 Item No.227 ML Subrata Bhattacharyya IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side AR(C) WPA No.14846 of 2024 Brijesh Kumar Singh -vsThe State of West Bengal & Ors.

Mr. Sakti Pada Jana Ms. Sudipta Pramanik ...for the petitioner Mr. Kunal Ganguly ...for WBBSE Mr. Ekramul Bari Sk. Imtiaj Uddin ...for the teacher-in-charge 1.

The petitioner was an assistant teacher of a school. He was suspended in the year 2006 on the ground of misappropriation of school fund. The petitioner challenged the suspension by filing a writ petition but failed to obtain any favourable order.

2.

The order dated April 29, 2009 passed by this Court in WP No.2989(W) of 2008 and WP No.985(W) of 2009 records that the suspension shall be effective until the managing committee of the subject school decides to revoke it.

3.

Learned advocate representing the School submits that the managing committee is not agreeable to revoke the order of suspension. The petitioner is receiving subsistence allowance. 4.

It has been brought to the notice of the Court that though no disciplinary proceeding has been initiated against the petitioner, but a criminal case is pending. The trial is on. The school is not

agreeable to permit the petitioner to join duty. 5.

It appears that the petitioner did not challenge the order of the Court dated April 29, 2009 and the same has attained finality by now.

6.

At this stage, prayer of the petitioner seeking revocation of the order of suspension by the school authority cannot be allowed.

7.

In view thereof, the writ petition fails and is hereby dismissed.

8.

All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

9.

Certified copy of this order, if applied for, shall be made available to the parties.

[Amrita Sinha, J]