DEEPALI PHUKAN Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) Heard Mr. S.S. Dey, learned senior counsel for the petitioner. Also heard Mr. N.C. Das, learned senior counsel for the respondent Dibrugarh University.

(2.) The petitioner who is a graduate engineer was initially allowed by the respondent Dibrugarh University to hold the charge of the post of University Engineer in the year 2003 and in the year 2004, she was regularly promoted to the said post. While so serving, the petitioner was served with two show-cause notices both dated 31.05.2013. The charges mainly pertain to the allegation that while undertaking the work of developing and raising the level of the land for the construction of buildings of the Dibrugarh University Institute of Engineering and Technology, certain procedural requirements were not followed while issuing the work orders thereof and the manner in which the bills were approved was also contrary to the required procedure to be followed. What is noticeable is that the show-cause notices dated 31.05.2013 were issued under Article 33 (i) (ii) (ix) of the Dibrugarh University Employees Service Conditions Ordinance 2000 as amended upto to May 2007 (in short Ordinance of 2000) . The petitioner submitted her reply to the said show-cause notice and thereafter an enquiry was held as contemplated under Article 32 (v) of the Ordinance of 2000.

(3.) After the enquiry, an enquiry report dated 28.12.2015 was submitted before the disciplinary authority. Upon the enquiry report being submitted, the disciplinary authority being the Registrar Dibrugarh University issued a notice to the petitioner dated 05.07.2016. By the said notice, the petitioner was served with a copy of the enquiry report and was also required to submit any written representation on the enquiry report, if so desired. The petitioner was further asked to submit the reply within a period of 21 days from the date of receipt of the said notice. The petitioner accordingly submitted a detailed reply/representation vide her reply which is annexed as Annexure-25 to the writ petition. It is noticed that in the reply, the petitioner had specifically dealt with the various findings and conclusions of the enquiry report in respect of the individual charges by giving her detailed reply to the same. It is also noticed that the said reply was placed before Executive Council of the University in its 332nd meeting which was held on 24.10.2016. From the notice pertaining to item No.10 of the 332nd meeting, it is seen that in the 331st meeting held on 27.07.2016, a decision was taken that the petitioner be directed to submit her response to the charges brought against her by the enquiry committee and that thereafter, the petitioner had submitted her reply to the enquiry report and the said reply of the petitioner was sent to the members of the Executive Council for perusal and necessary action as per the communication dated 06.09.2016. It is further noticed that thereafter, the resolution No.14 of the Executive Council of the Dibrugarh University in its 332nd meeting was taken. The resolution is as follows:-