SUBINAY SAHA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The scope of the instant appeal which was within the limited contour have been expanded by the eloquence of the Counsel for the appellant inviting the attention of the Bench to various provisions of the Acts, Rules and Ordinance in order to buttress the contention that the charge- sheet issued by the Vice-Chancellor is bad, illegal and without jurisdiction.

(2.) A prelude to the litigation can be seen from the fact that the University decided to initiate a disciplinary proceeding against the appellant alleging misconduct and the charge-sheet was issued by the Vice- chancellor, which is assailed by the appellant/petitioner before this Court. The Single Bench dismissed the contention of the petitioner that the charge-sheet suffers from serious infirmities and/or illegalities but kept all the points, which was agitated by the appellants, open for the decision of the enquiry officer and further liberty was granted to the appellant to challenge the entire disciplinary proceeding at the appropriate stage including challenging the charge-sheet on the same grounds which have been urged in the instant writ petition.

(3.) According to the learned Advocate for the appellant, the charge-sheet notice issued by the Vice-Chancellor is infirm, bad and illegal in view of the provision contained under Uttar Banga Krishi Viswavidyalaya Act, 2000. In order to further the aforesaid submission, reliance is placed upon Clause (l) of Sub-Sec. (1) of Sec. 11 of the said Act which gives power to the executive Council to approve the recommendation for appointment of the officers, teachers and the non-teaching staff in the manner prescribed. Taking clue therefrom, it is sought to be contended that the moment the appointing authority is the Executive Council, the Vice-Chancellor is denuded of power to issue a show-cause notice or initiate a proceeding thereupon for the simple reason that he being not the Executive Council, cannot usurp the power in absence of any statutory provisions.