07. 29.09.2026. Court No.03. (Pritam) WPA 21229 of 2026. Abhijit Chatterjee. -Vs.- State of West Bengal & Ors. Mr. Sirsanya Bandyopadhyay, Mr. Subham Das, Ms. Sneha Sarkar. .....for the petitioner. Mr. Ajit Kumar Chaubey, Mr. Ankit Kumar Mishra. ......for the State. 1. Affidavit-of-service filed in Court today is taken on record.Despite service, the municipality is not represented. 2. The matter pertains to a challenge to an order of suspension dated 28th July, 2026, which has been issued in exercise of Rule 4 of the West Bengal Municipal Employees’ (Classification, Control, Appeal and Conduct) Rules, 2010, by reasons of the detention of the petitioner with effect from 13th June, 2026. 3. The learned advocate for the petitioner would submit that he has already been enlarged on bail and as such the above suspension should come to an end as no enquiry proceeding have been initiated. According to him, in the peculiar fact the suspension should beco- terminus with the end of his detention period. WPA 21229 of 2026 2 4. In any event, Mr. Bandyopadhyay, learned advocate appearing for the petitioner would submit that the petitioner cannot be kept indefinitely under suspension. 5. Since the municipality is not represented, the stand of the municipality is not clear. 6. The State is represented. 7. Having heard the learned advocates appearing for the respective parties and though the municipality remains unrepresented, I am of the view that having regard to the case made out by the petitioner and noting that the petitioner has been enlarged on bail and at present is not in custody, in any of the matters on the basis of the disclosures made in the paragraphs 8, 9 and 12 of the writ petition,I am of the view that at this stage, it shall be prudent to permit the petitioner to file a representation before the municipality for re- consideration of the decision impugned herein. 8. Accordingly, if such representation is filed within a period of two weeks from date, the municipality having regard to the observations made in the aforesaid order as regards retaining the petitioner indefinitely under suspension which may not be permissible in law, shall consider and dispose of the petitioner’s representation on an expeditious basis by giving an opportunity of hearing to the petitioner, preferably within 7 days from the receipt of such representation, by passing a WPA 21229 of 2026 3 reasoned order in accordance with law. The reasoned order must be communicated to the petitioner. 9. With the aforesaid observations and directions, the instant writ petition is disposed of. 10. Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Raja Basu Chowdhury, J.)