BISWARUP SARKAR Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) The present writ petition has been preferred challenging inter alia a resolution adopted by the Syndicate of the University of Calcutta (in short, the University) on 20th March, 2019 and communicated to the petitioner by a memo dated 20th March, 2019 issued by the Registrar (Acting) of the University. The operative part of the said resolution runs as follows:

(2.) Shorn of unnecessary details the facts are that the petitioner was appointed on probation for a period of one year to the post of Deputy Controller of Examinations in the University by a letter dated 1st September, 2017. He was entrusted to look after examination related matters in the month of February, 2018. On 15th June, 2018 a show-cause notice was issued to him in terms of Ordinance 74 of Chapter XV of the Calcutta University First Ordinance, 1979 (in short, the Ordinance) in view of wrong question papers being printed and distributed in the Journalism and Mass Communication (JORG) Paper II. He replied to the same on 28th June, 2016. By a letter dated 20th July, 2018 he was asked to appear before the Enquiry Officer on 27th July, 2018 and on the said date he was handed over a charge sheet. He replied to the same on 3rd August, 2018. On 6th August, 2018 he attended a hearing fixed before the Enquiry Officer but no enquiry report was served upon him and the proceeding was kept pending. On 12th September, 2018 the petitioner submitted a representation to consider his claim towards confirmation. The Syndicate thereafter extended the petitioner's probationary period for six months with effect from 22nd September, 2018. One day prior to expiry of the extended period, a memo dated 20th March, 2019 was issued to the petitioner by the Registrar (Acting) of the University enclosing a copy of the resolution of the Syndicate dated 20th March, 2019.

(3.) Records reveal that the writ petition was admitted on 21st June, 2019 with a direction towards exchange of affidavits and it was also directed that the petitioner's claim would abide by the result of the writ petition. Subsequent thereto, the affidavits were exchanged by the parties. The post of Deputy Controller of Examinations for SC category in which the petitioner was appointed on probation is still vacant.