BHARATI BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the petitioner has, inter alia, prayed for a writ in the nature of Mandamus directing the respondent/College Authority to transmit the records and proceedings of the disciplinary enquiry conducted against the writ petitioner which includes, inter alia, the first show cause notice, the chargesheet as well as the second show cause notice including the report of the Enquiring Authority. The writ petitioner has further prayed for the relief of permanently and, during pendency, temporarily restraining the respondent/College Authority from taking any further steps in the said enquiry proceeding.

(2.) Appearing on behalf of the writ petitioner Mr. Milan Chandra Bhattacharyya, Ld. Senior Counsel assisted by Mr. Uttam Kumar Bhattacharyya, Ld. Counsel, submits that the writ petitioner was deliberately prevented from completing her M. Phil course by the respondent/College Authority. It is further argued that although the writ petitioner was not granted the required period of time to complete the M. Phil course, she was entrusted with responsibilities of importance in the College. By a communication dated 24th March, 2001 the College Authority permitted the petitioner to enjoy the selection grade w.e.f. 24th March, 2001, as also the responsibility of a Senior Lecturer in Sanskrit.

(3.) However, while conferring the petitioner with the above noted benefits, at the same time the College Authority issued the show cause notice on the ground that the petitioner was enjoying such benefits without completing her M. Phil course. Ld. Counsel for the petitioner points out that the M. Phil course could only be completed within a two year period and, the petitioner was granted only a period of one year w.e.f. 22nd August, 1983 during which it was impossible to complete any M. Phil course.