Kabir Sekh v. The State Of West Bengal And ORS.

06.03.2026 Sl. No.26(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 15305 of 2025 Kabir Sekh

Versus

The State of West Bengal & Ors.

Mr. Manas Kumar Das ...for the Petitioner.

Mr. Saibal Kumar Acharyya, Mr. Tanweer J Mandal ...for the DPSC, Purba Bardhaman.

Mr. J.K. Mukhopadhyay ...for the State.

1. By the present writ petition, the petitioner seeks for withdrawal/quashing of the order of suspension issued by the respondent no.4, the Chairman, District Primary School Council, Purba Bardhaman dated 7th April, 2025 (annexure P3).

2. The petitioner joined as an Assistant Teacher on 22nd February, 2021 at Babuishole F.P. School and was thereafter transferred to Argon F.P. School in the year 2024. On 7th April, 2024, a criminal case being Burwan P.S. Case No.171 of 2024 dated 7th April, 2024 was initiated against the petitioner under Sections 498A/325/307 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act (G.R. Case No.834 of 2024) at the instance of his wife. The petitioner was

arrested on 17th October, 2024 and was released from jail custody on 30th October, 2024. Thereafter, the petitioner resumed his duties. All on a sudden on 7th April, 2025 the impugned order of suspension has been passed by the Chairman, District Primary School Council, Purba Bardhaman, respondent no.4, against the petitioner. On 21st May, 2025, the petitioner has made a representation praying for withdrawal of such suspension order. However, no steps have been taken. Hence, this writ petition.

3. Mr. Manas Kumar Das, learned Advocate appearing for the petitioner submits that the matter may be relegated to the appropriate authority to take a decision with regard to the representation made by the petitioner for withdrawal of the suspension order.

4. Mr.

Saibal Kumar Acharyya, learned Advocate representing the Chairman, District Primary School Council, Purba Bardhaman, respondent No.4, at the outset, submits that Council will not file any report, however he concedes that the matter be sent to the appropriate authority for due consideration.

5. In view of such submissions, the respondent No.4, Chairman, District Primary School Council, Purba Bardhaman is directed to consider the representation of the petitioner dated 21st May, 2025 in accordance with law upon notice to the petitioner by passing a reasoned

order within a period of six weeks from the date of communication of this order.

6. The reasoned order shall be communicated to the petitioner within a week of passing of such order.

7. Learned advocate for the petitioner is directed to communicate this order to the respondent No.4, District Primary School Council, Purba Bardhaman, for necessary compliance.

8. With the above direction, the writ petition being WPA 15305 of 2025 stands disposed of.

9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10. Interim order, if any, stands vacated.

11. All connected applications, if any, stand disposed of.

12. There shall be no order as to costs.

13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)