08-10-2026 Item No.9 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.28255 of 2026 Aktar Samim -vs- The West Bengal Board of Secondary Education & Ors. Mr. Samim Ahammed, adv. Mr. Arka Maiti, adv. Ms. Ambiya Khatun, adv. Md. Nasirul Haque, adv. Ms. Reshma Khatun, adv. …for the petitioner Mr. Biswajit Mukherjee, adv. Mr. Sukanta Banerjee, adv. …for the State Name not given …for the Board 1. The petitioner is aggrieved by the order of suspension passed against him on August 27, 2026 on account of his detention in custody for more than 48 hours. 2. Specific submission of the petitioner is that he was never detained in custody and that he obtained order of anticipatory bail. According to him, the order of suspension ought to be revoked. 3. Learned counsel for the West Bengal Board of Secondary Education submits that there is an inadvertent error in the communication and also in the order of suspension passed by the Board both dated August 27, 2026. He submits that the Board intends to rectify the error and take steps in accordance with law. 4. As, admittedly, it appears that the order of suspension communicated to the petitioner reflects that he was in custody for more than 48 hours which is erroneous on the face of it, accordingly, the impugned order of suspension cannot be sustained in the eye of law. The same is liable to be set aside and is set aside. 5. It will be open for the Board to take steps in the matter in accordance with law. 6. As the order of suspension has been set aside by the Court, the petitioner would be entitled to receive his salary for the period the same has been withheld by the authority. 7. The writ petition stands disposed of. 8. As a copy of the writ petition has already been uploaded in the Sarthak portal and there are certain documents and averments which ought not to be made public, accordingly, it is directed that the writ petition shall be removed from the Sarthak portal immediately. 9. All parties are to act on the server copy of this order duly downloaded from the official website of this court. 10. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2 3