Decided on November 30,2018

Vardhini Bhattacharjee Appellant


Achintya Malla Bujor Barua, J. - (1.) Heard Mr. H. Rahman, learned senior counsel for the petitioner and Mr. P.P Dutta, learned counsel appearing for the respondent Indira Gandhi National Open University (in short IGNOU). The respondent No.4 Sri G.P. Bhatia is stated to be the Enquiry Officer in the disciplinary proceeding involved in this writ petition and in the absence of there being any allegation of mala-fide, the Court deems it appropriate that the said respondent need be heard for the purpose of this writ petition.
(2.) The petitioner worked as the Regional Director of IGNOU and was posted at Guwahati as on 01.05.2006 and continued in the said post up to 11.09.2011 at Guwahati. Thereafter, the petitioner was promoted as the Deputy Director of the Research Unit of the IGNOU at New Delhi from which post she superannuated on 30.06.2014.
(3.) On the day the petitioner superannuated from service, an order bearing F.No.IG/TA/1/561/06/8068 dated 30.06.2014 was issued under the signature of the Registrar (Administration). By the said order, it was stated that a disciplinary proceeding was contemplated against the petitioner and accordingly in exercise of the powers under Rule 10(1)(a) of Central Civil Services (CCA) Rules, 1965 as adopted by IGNOU, as per notification dated 05.10.2012, the petitioner was placed under suspension. Thereafter, a memorandum bearing F.No.IG/TA/1/860/684 dated 31.03.2015 was served on the petitioner, by which certain charges were framed against her. In the present writ petition, the resultant disciplinary proceeding has been assailed.;

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