Surendranath Roy v. The State Of West Bengal And ORS.

03.09.2024 Court No. 18 Item No.08 (Suvendu) WPA 21012 of 2024 Suren Roy @ Surendranath Roy -Versus- The State of West Bengal & Ors.

Mr. Malay Bhattacharyya ........for the petitioner Ms. Saswati Chatterjee .......for the WBBSE Mr. Supriyo Chattopadhyay, Ld. AGP Ms. Sayantanee Bhattacharjee ..........for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has prayed for reinstatement in service in school on the strength of the order dated 21st February, 2024 passed on CRAN 1 of 2024 in CRA (DB) 38 of 2023.

According to the petitioner, since during pendency of the appeal petitioner has been enlarged on bail he should be reinstated in service subject to final result of pending criminal appeal.

As per submission of the learned advocate representing the petitioner, conviction order has been passed against the petitioner and assailing the said order appeal has been preferred and same is pending.

Definitely if petitioner is acquitted same shall be taken into consideration by the respondent authorities for reinstating him but at this stage order dated 21st February, 2024 granting bail in favour of the petitioner ought

not to be considered as basis of reinstatement of petitioner in service in the school taking note of gravity of charge and the conviction order passed against him.

Accordingly, writ petition stands dismissed.

There shall be, however, no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Saugata Bhattacharyya, J.)