A university's initiation of departmental proceedings against an employee must not be mala fide and must be in accordance with the law.

Re: W.P. No. 8097 (W) of 2011 (1st Writ Petition)

Tapen Sen, J.: The Petitioner, Shelley Bhattacharya, prays for a Direction upon the Respondents to withdraw and cancel the preliminary Enquiry Report dated 1.4.2011 submitted by the Respondent No. 4 (Enquiry Committee).

She further prays for an Order commanding upon the Respondents to forthwith withdraw and cancel the Memorandum dated 26.4.2011 passed by the Respondent No. 3 (Registrar, Vishwa Bharati) (Annexure-P/11) whereby and whereunder she was informed that an enquiry against her would be held under Statute No. 20.0 of the Statutes of the University and that she would have to submit her Written Statement of Defense within a period of 10 days also stating as to whether she deserved to be heard in person or not.

2. The statements of the Imputation of Misconducts and the Articles of Charges, for the sake of convenience, are being quoted and are also being set out below, juxtaposed to each other in a Table Format :-

Statement of Imputation of Misconduct Memorandum / Articles of Charges

ARTICLE I ARTICLE I

Prof. Shelley Bhattacharya, Dept. of The Prof. Shelly Bhattacharya, Dept. of

Zoology, Siksha- Bhavana, in spite of Zoology, Siksha-Bhavana was involved in

being a senior Adhyapaka of the breaching of the confidentiality of the

University and member of the executive Executive Council and failed to

council, divulged the confidential and safeguard the security of confidential

sensitive matters discussed in the information which she had access in

meeting of the Executive Council dated course of official duty.

31.10.2009 before the electronic media

thereby breaching of the confidentiality ARTICLE-II

and trust of the Executive Council. As The Prof. Shelly Bhattacharya, Dept. of

per decisions of the meeting of the Zoology, Siksha-Bhavana made

Executive Council dated 08/3/2002, authorized communication to the

25/06/2002, 08/01/2003 and electronic media named ‘Khoj Khabor’.

16/01/2011, every discussion in the

Executive Council should be kept ARTICLE-III

confidential by all the members and The Prof. Shelly Bhattacharya, Dept. of

allied staff members associated with the Zoology, Siksha-Bhavana had maligned

Executive Council. Such action on the the office of the Vice-Chancellor and

part of Prof. Bhattacharya is prejudicial Visva-Bharati administration.

to the interest of the University.

ARTICLE-II

Prof. Shelly Bhattacharya, Dept. of

Zoology, Siksha-Bhavana made

statement in the electronic media named

“Khoj Khabor” thereby disobeying the

order No. G/P.9/245 dated 08/05/2007

and No. G/P.9 dated 10/08/2006

wherein it is mentioned that no

employee, except the official so

authorized, is permitted to air grievance

or make statement to the Press or

electronic media. Such action on the

part of Prof. Shelley Bhattacharya is

prejudicial to the disciplinary control of

the University.

ARTICLE-III

Prof. Shelly Bhattacharya, Dept. of

Zoology, Siksha-Bhavana gave

unauthorized statement in the electronic

media named “Khoj Khabor” divulging

the discussion of the Executive Council

wherein she maligned the office of the

Vice-Chancellor and Visva-Bharati

administration by using abusive

language and making objectionable

statement.

3. The Petitioner further prays for setting aside and quashing the said Enquiry Report dated 1.4.2011. She also prays for Quashing the aforementioned Memorandum dated 26.4.2011.

Re: CAN 5385 of 2011 (filed in the 1st Writ Petition)

4. This Application has been filed by Vishwa Bharati praying for vacating and/or modifying the interim order dated 18.5.2011 appropriately and/or holding that W.P. No. 8097 (W) of 2011 has become infructuous by reason of the issuance of a subsequent Charge-sheet dated 20.5.2011.

Re: W.P. No. 9025 (W) of 2011 (2nd Writ Petition)

5. In this Writ Petition, filed by Shelley Bhattacharya again, prayer has been made for a Direction upon the Respondents to withdraw and cancel the subsequent Memorandum of Charges dated 20.5.2011 issued by the Respondent No. 3 (Registrar).

6. The