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2026 DAILYLAW 45706 (CAL)

BHASKAR PAUL v. THE STATE OF WEST BENGAL AND ORS.

WPA/2275/2026 · 2026-10-01

Suvra Ghosh

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28 01.10.2026 Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2275 of 2026 Bhaskar Paul Vs. The State of W.B. & Ors. Mr. Uday Sankar Sarkar Dr. Arjun Chowdhury Ms. Riya Agarwal …for the petitioner. Ms. Supriya Singh Ms. Esha Acharya ..for the State. Mr. Samar Rakshit …for the respondent. Affidavit of service filed by the petitioner is taken on record. The petitioner was appointed as an Assistant Teacher, Geography at Parokata High School and subsequently transferred to Loknathpur High School on 9th September, 2023 where he is serving at present. A suo motu complaint was lodged against him by the police authority under Section 10 of the Protection of Children from Sexual Offences Act, 2012 pursuant to which he was arrested and subsequently released on interim bail. The petitioner was suspended in contemplation of a disciplinary proceeding. Charge sheet was 2 submitted in the criminal case upon completion of investigation. The petitioner sought quashing of the case before this Court in a revisional application being CRR 56 of 2026 which was dismissed by an order passed on 27th April, 2026. The order travelled to the Hon’ble Supreme Court in Criminal Appeal No.4278 of 2026. By an order passed on 8th September, 2026, the Criminal Appeal was allowed and the entire proceedings quashed. Learned counsel for the petitioner submits that disciplinary proceeding has not been initiated against him till date. Since the criminal proceeding against the petitioner has been quashed, he ought to be reinstated upon immediate withdrawal of his suspension order dated 2nd September, 2025. The petitioner also seeks a direction upon the concerned authority for his transfer to any other school in view of loss of his reputation in the present school as well as the locality. The present proceeding against the petitioner has been quashed. The disciplinary proceeding has not been initiated till date. In view of the present facts and circumstances of the case, this Court is inclined to hold that the petitioner should no longer suffer the suspension 3 order passed against him on 2nd September, 2025. Accordingly, the President, West Bengal Board of Secondary Education, being the 2nd respondent herein, is directed to withdraw the suspension order dated 2nd September, 2025 and allow the petitioner to resume his post as Assistant Teacher at the earliest. However, with regard to the prayer of the petitioner seeking transfer from the present school, he is at liberty to submit an appropriate application before the Secretary, West Bengal Central School Service Commission, being the 6th respondent herein. In the event such application is submitted, the 6th respondent shall deal with the same upon granting reasonable opportunity of hearing to the petitioner, in accordance with law. The writ petition is disposed of accordingly. However, there shall be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)