Dismissal of WBNUJS Registrar Held Valid for Committing Financial Misdeeds [Surajit Chandra Mukhopadhyay v. West Bengal National University of Juridical Sciences, W.P. No. 12652 (W) of 2016, decided on July 26, 2016]

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Calcutta high court wile confirming the decision of the Execuive Council held dismissal of Registrar valid for committing financial misdeeds. In the instatnt case, the students of West Bengal National University of Juridical Sciences had complaint about the financial misdeeds in the affairs of the university. Pursuant to a representation made by the students, the EC had empowered VC to take suitable action with regard to the complaint. The V.C. had constituted a committee under the Chairmanship of Justice N.N. Mathur, to look into the allegations. Upon submission of the report and subsequent proceedings, the V.C. had issued a notice to the Petioner, seeking clarification. A charge-sheet was subsequently issued in August, 2014.

The learned counsel for the petitioner has contended that, the E.C. could not have delegated its function of initiation of disciplinary proceedings. It was contended by the counsel for the University that the E.C. has the power to delegate the power of initiation of disciplinary proceedings and that such power was validly delegated. After careful perusal of the arguments advanced by both the Counsels, the Court held that the power to appoint the Registrar of the University is with the Executive Council in view of Clause 9(1) of the Schedule to the Act of 1999. Therefore, the power to initiate a disciplinary proceedings and to dismiss  Registrar of the University will be with the E.C.

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