Calcutta High Court (Appellete Side)
Indrani Datta (Choudhury) vs Vidyasar University & Ors on 25 November, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Appellate Side Present:
The Hon'ble Justice Jyotirmay Bhattacharya AND The Hon'ble Justice Tapash Mookherjee M.A.T. 1871 of 2014 (CAN 10544 of 2014) Indrani Datta (Choudhury) Versus Vidyasar University & Ors.
For Appellant : Mr. L.K. Gupta,
Mr. Arjun Roy Mukherjee,
Mr. Jaydeep Acharya.
For the Vidyasagar: Ms. Nandini Mitra,
University. Mr. Sanjoy Saha.
For the State : Mr. Jaharlal De,
Mr. Shamim-ul-Bari.
Heard On : 25th November, 2014.
Judgement On : 25th November, 2014.
Jyotirmay Bhattacharya, J. This mandamus appeal is directed against the judgment and/or order passed by the learned Single Judge of this Court on 2nd September, 2014 in W.P. No. 22850(W) of 2014. The writ petition was filed challenging the legality of the charge-sheet.
The writ petition filed by the appellant was dismissed by the learned Trial Judge. The learned Trial Judge held that the charge-sheet which was impugned in the writ petition does not suffer from any defect and thus, the writ petition was held to be devoid of any merit.
The legality and/or propriety of the said order passed by the learned Single Judge of this Court is impugned in this mandamus appeal.
Mr. Gupta, learned Senior Counsel, appearing for the appellant submits that the present appeal may be disposed of by giving direction upon the disciplinary authority to conclude the disciplinary proceeding initiated against the writ petitioner/appellant at an early date. We have been informed that an enquiry officer has already been appointed. We have further been informed that the presenting officer has also been appointed to represent the University before the enquiry officer. We are also informed that the writ petitioner/appellant has already submitted her reply to the charge-sheet and a notice has already been issued by the enquiry officer fixing the first date of hearing on 29th of November, 2014.
Considering the facts and circumstances as stated above, we dispose of this appeal by directing the disciplinary authority to conclude the disciplinary proceeding initiated against the writ petitioner/appellant on the basis of the impugned charge-sheet positively within a period of five months from the date of communication of this order, after giving a reasonable opportunity of hearing to the delinquent officer and the University authority.
The concerned enquiry officer is also directed to file his report before the disciplinary authority within four months from the date of communication of this order.
The time limit which is fixed hereinabove should be regarded as peremptorily fixed by this Court.
Before concluding, we make it clear that we have not gone into the merit of the charges brought against the delinquent officer. As such, we express no opinion on the merit of the charges. The enquiry officer is at liberty to form his own view on the basis of the materials which will be placed before him.
It is, further, clarified that while disposing of this appeal we have not considered other points raised in this appeal as the other points raised in the appeal have neither been taken as ground of attack in the writ petition, nor were canvassed before the learned Trial Judge. All points which are available to the writ petitioner may be taken by her before the enquiry officer.
The parties are directed to give all sorts of cooperation so that the time limit which is fixed above for concluding the disciplinary proceeding is strictly maintained.
The appeal is disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
(Jyotirmay Bhattacharya, J.) (Tapash Mookherjee, J.) ac.