TAPAS RANJAN BANDOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a lecturer in the Department of Metallurgical, Engineering College, Durgapur. Like other lecturers, the petitioner was engaged for paper setting, University examination works, examining of answer scripts, scrutiny etc in the said Department both in postgraduate and undergraduate level. According to the petitioner on 10th April, 1997 the authority concerned asked him to submit his option regarding his appointment as paper setter and Examiner of the session 1996-97 for Bachelor of Engineering Examination of the University of Burdwan. According, further to the petitioner, if he is willing to accept such appointment he will put the signature in the prescribed manner indicated in the counter foil of the letter of appointment and submit the same before the authority as a token of acceptance of such appointment. The petitioner, by his letter dated 21st April, 1997 sought for some information about syllabus from the authority to enable him to exercise such option. One professor R.N. Roy, Head Examiner of the paper setting addressed a letter to one Dr. P.V. Rama Rao, Teacher in Charge of the Examination of the University of Burdwan requesting him to send clarifications on paper setting and examining on such basis. The petitioner did not receive any reply. As a result whereof he was unable to exercise his option.

(2.) On 23rd July, 1997, after about three months from the letter of the petitioner, such teacher in charge withdrew the offer of appointment as aforesaid dated 10th April, 1997 with the concurrence of the Vice Chancellor of the University of Burdwan. Surprisingly, on 6th August 1998, the Principal of the College put the petitioner under suspension on contemplation of disciplinary proceeding. On 8h August, 1998 a memorandum of Chargesheet had been issued by the principal incorporating therein that due to non-performance of duties of paper setter and Examiner he had been held up for the disciplinary proceeding. One-man Enquiry Committee was formed wherein one Dr.S.P. Ghosh had been appointed as Enquiring Authority and one Professor H.K. Dey Sarkar had been appointed as presenting officer.

(3.) According to the petitioner, One-man Enquiry Committee proceeded with the enquiry de hors the settled principles of law i.e. without due compliance of natural justice, fair play and submitted a report to the Principal of the College. In turn, the Principal directed the petitioner to submit a written statement of defence. Such written statement by way of defence was submitted. The petitioner took the aforesaid points therein. He had further contended that the disciplinary proceeding is void ab-initio. He specified that the appointment of paper setter and Examiner etc. is not mandatory but optional subject to acceptance of the incumbent. Therefore, the guilty of non-performance of duties cannot arise at all. However, order of punishment was passed by the principal imposing penalty with- holding next five increments of pay with cumulative effect. Standing Committee (Management) prescribed to impose punishment only in case of non-performance of the duties prescribed under the condition of service. He has brought notice of this Court as regards clause 13(xii)(b) of the bye-laws of the Regional Engineering College, Durgapur approved on 29th December, 1981. According to him, as per clause 12(xvi) of the Memorandum of Association of the Regional Engineering College (Durgapur) Society the bye-laws only can be amended with the prior approval of the Central Government or the State Government as the case may be. He has contended that there is no power of delegation of authority of the Principal to hold disciplinary enquiry against the petitioner without approval of the Central Government or the State Government. The petitioner further submitted that after filing the written statement of defence the proposed framing of the bye-laws as sought for by the authorities before the State Government has been refused by their letter dated 31st March, 1997. As such all the amendments carried out by the authorities either in the bye-laws or in the Memorandum of the Association of the said Society in totality is a nullity in the eye of law as such any action in terms of the same cannot be sustainable. However, ultimately, an appeal was preferred on which the Principal Secretary, Department of Higher Education and Chairman, Standing Committee (Management), Regional Engineering College, Durgapur was pleased to uphold the order of imposing punishment but reduced the quantum of punishment from five to two increments with cumulative effect.