The Court emphasized that the lack of jurisdiction of the disciplinary authority nullifies all subsequent steps in the disciplinary proceedings.

JUDGMENT

Moushumi Bhattacharya, J. - The petitioner prays for quashing of a show-cause and a Charge-sheet dated 24th and 27th February, 2021 respectively and orders of suspension issued to the petitioner from 13th March, 2021 onwards.

2. The petitioner is an assistant Professor of Drama in the Department of Rabindra Sangit, Dance and Drama, Sangit-Bhavana in the Visva-Bharati University and was confirmed to the said post with effect from 19th March, 2012. The petitioner is also the General Secretary of Visva-Bharati adhyapaka Sabha (Visva-Bharati Teachers' association).

3. The impugned show-cause was issued to the petitioner on 24th February, 2021 asking the petitioner to explain why appropriate administrative measures will not be taken against him for negligence of duty and misconduct. The said letter was issued by the Registrar (acting) of the University. The petitioner replied to the show-cause by a letter dated 26th February, 2021 disputing the allegation of negligence of duty and misconduct. The impugned Charge-sheet was issued against the petitioner on 27th February, 2021 by the Registrar (acting) of the University; the article of Charge states that the petitioner was involved in negligence of duty and misconduct. The petitioner addressed his defence to the Memorandum of Charges by way of a letter dated 8th March, 2021. The impugned order of suspension was issued thereafter on 13th March, 2021 by the Registrar (acting) of the University by which the petitioner was placed under suspension with immediate effect pending disposal of the disciplinary proceedings. The disciplinary proceedings were extended several times thereafter which would be evident from orders until 20th December, 2021 by which the period of suspension was also extended.

4. Learned counsel appearing for the petitioner takes a point of jurisdiction in that the Registrar of the University was not empowered to issue the impugned notices or take any disciplinary action against the petitioner. Counsel relies on The Visva-Bharati act, 1951 for this purpose. It is also submitted that the Vice-Chancellor of the University also does not have the power to initiate any disciplinary action against any person of the petitioner's position. Counsel submits that since the Registrar did not have the jurisdiction to initiate disciplinary proceedings under the act, all subsequent steps would be null and void. Counsel further submits that the Memorandum of Charge is vague as it does not contain any particulars of misconduct by reason of which the Charge-sheet should be quashed.

5. Learned counsel appearing for Visva-Bharati University submits that there has been no delegation of power or duty by the Vice-Chancellor to the Registrar and that the impugned disciplinary proceedings have been initiated and are being carried on through express direction of the Vice-Chancellor. Counsel relies on Office Notes to urge that the Registrar has been expressly authorized to take all steps by the Vice-Chancellor which would be evident from the signature of the latter on the Office Notes. Counsel relies on a Handbook published in 2019 by the University Grants Commission to submit that the Vice-Chancellor has the power to delegate his powers in special circumstances but that in the present case, there is no delegation of power and the direction of the Vice-Chancellor have been duly communicated to the petitioner by the Registrar of the University.

6. Since learned counsel appearing for the petitioner had taken the point of jurisdiction of the Registrar to issue the impugned notices, this point should first be dealt with.

7. Under clause 5.1 of The Statutes of the University, as amended upto May, 2012- the Karma-Sachiva (Registrar), sub-clause 4(a) states that the 'the Karma-Sachiva (Registrar) shall have power to take disciplinary action against such of the employees, excluding adhyapakas of the University and other members of the academic staff, as may be specified by the Karma-Samiti (Executive