WPA/4798/2026 of RABI SARKAR Vs STATE OF WEST BENGAL AND ORS. on 8 May 2026

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. The petitioner, an Assistant Headmaster in the respondent school, was subjected to several proceedings, including a disciplinary proceeding undertaken by the Board, on the complaint made by the mother of a former student, who is about 19 years of age. The student, however, seems to have made several statements that she had fled her residential house not for the company of the petitioner but due to the fact that she was not being allowed to pursue her dream of becoming a painter.

3. Ms. Bhattacharyya, learned Advocate appearing for the Board, submits, on instruction, that the disciplinary proceeding against the petitioner has been dropped and will not be pursued any further. In view of the aforestated stand taken by the Board, nothing remains to be adjudicated against the petitioner in the disciplinary proceeding.

4. Since the very basis of the order of suspension dated June 19, 2025, the disciplinary proceeding, has now been dropped, it is only proper that the said order of suspension against the petitioner be set aside. The order dated June 19, 2025 is accordingly set aside.

5. Petitioner will be permitted to undertake his service in the said school and in the same post as he was serving prior to his suspension.

6. With the aforestated directions, the writ petition is, thus, disposed of.

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

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)