High Court dismisses suspension order of Assam Univ Registrar Sanjib Bhattacharjee

April 21: The suspension order issued against Dr. Sanjib Bhattacharjee, Registrar of Assam University, Silchar was dismissed by Gauhati High Court. The order was passed by Justice N. Kotiswar Singh on Monday. Dr. Bhattacharjee was suspended on 4 October, 2019 by the University authority. He was suspended as per CCS Rule No. 10(1) and other charges of irregularities. Since then, Dr. Prodush Kiran Nath is officiating as the Registrar in-charge.

It was then that Dr. Sanjib Bhattacharjee filed two writ petitions before the Gauhati High Court bearing Case No. W.P. (C) No. 7677 of 2019 and W.P. (C) No. 189 of 2020. The writ petitions were filed against The Assam University, represented by its Vice-Chancellor, The Executive Council, Assam University, The Vice-Chancellor, Assam University and The Registrar (In charge), Assam University. His writ petitions were taken for hearing by the High Court on 6 February, 11 February and 3 March. The judgement was delivered by Justice Justice N. Kotiswar Singh on 20 April, 2020 wherein his suspension order issued by Assam University was dismissed.

In the first writ petition, W.P.(C) No.7677 of 2019, the suspension order of the petitioner has been challenged. In the second writ petition, W.P.(C) No.189 of 2020, the petitioner has challenged the memorandum of charges issued against him. While the first writ petition was pending, the University authorities issued the memorandum of charges dated 09.12.2019 which has been challenged in the subsequent petition, W.P.(C) No. 189 of 2020.

The University authorities have filed their affidavits- in-opposition in both the writ petitions contesting the claim of the petitioner and the petitioner also responded to the same by filing his replies. The stand of the University as reflected in the affidavit in opposition is that the Vice-Chancellor of the University has the authority to suspend the petitioner in terms of the power vested upon him by Section 12(3) of the Assam University Act, 1989.

While delivering the judgement, the High Court observed that, “this Court would hold that though the Vice-Chancellor, even if he is not the appointing authority or the discipline authority, and as such does not have the power to suspend an employee (other than a teacher of a member of the academic staff), he can place any employee of the University under suspension, by invoking the power conferred under Section 12(3) of the Act, if such act of suspension is immediately required to be taken. Such exercise of power has to be by way of “immediate action” required to be taken. As a corollary, if such act to place an employee of the University under suspension is not immediately required to be taken, the aforesaid power under Section 12(3) cannot be invoked.”

Finally, the High Court ruled that, “This Court would hold that issuance of the impugned order dated 04.10.2019 for placing the petitioner under suspension cannot be considered to be an “immediate action” required to be taken under the circumstances by the Vice-Chancellor within the ambit of Section 12(3) of the Act and hence, the same is declared illegal….Since the very initial act of placing the petitioner under suspension by the impugned order has been found to be illegal, subsequent approval by the Executive Council of the same order on the report submitted by the Vice-Chancellor would be of no consequence.”

It was further observed that the University may proceed with the departmental enquiry against Dr. Sanjib Bhattacharjee but “the inquiry is expected to be completed expeditiously. Rule 15 of the CCS (CCA) Rules, 1965 provides for completion of the inquiry within a period of six months.”

Also Read: Registrar of Assam University Sanjib Bhattacharjee suspended….রেজিস্ট্রার সঞ্জীব ভট্টাচার্য সাসপেন্ড