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DIPANKAR DATTA
Indrani Datta (Chaudhuri) – Appellant
Versus
Vidyasagar University – Respondent


Advocates Appeared:
For the Petitioner:Saptangshu Basu, Kaushik De, Ayan Banerjee, Soumyo Choudhury, Debasree Dhamali, Advocates.
For the Respondent Nos. 1, 3 & 4:Joydeep Kar, Nandini Mitra, Sanjoy Saha, Advocates.
For the Respondent No. 2:Jahar Lal De, Shamim Ul Bari, Advocates.

JUDGMENT :

Dipankar Datta, J.

1. To nip a disciplinary proceeding initiated against her in the bud, the petitioner (an Assistant Professor of the Department of English of Vidyasagar University) has presented this writ petition praying for an order as follows:

"(b) A writ in the nature of mandamus directing the respondents to withdraw and/or recall and/or rescind the Show Cause dated 16.06.2014, the Suspension letter dated 21.07.2014 and the Charge-Sheet dated 23.07.2014 and allow the petitioner to join her services immediately and pay all consequential benefits including arrears of pay to the petitioner."

2. The charge-sheet issued to the petitioner has been at the centre of debate in this litigation.

3. According to Mr. Basu, learned senior counsel for the petitioner, expressions used in the charge-sheet are such that the same provide sufficient reason for the petitioner to perceive that her disciplinary authority has pre-judged her guilt, and the enquiry and the subsequent steps to follow would be nothing but a mere ritual before she is punished. He further contended that the disciplinary authority did not apply his mind to the point as to whether the acts of omission/commission, as a




















































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