LAKSMISREE BANERJEE Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-11-63
HIGH COURT OF JHARKHAND
Decided on November 27,2013

Laksmisree Banerjee Appellant
VERSUS
State of Jharkhand through the Principal Secretary to the Governor -cum -Chancellor Respondents

JUDGEMENT

- (1.) Seeking quashing of order dated 16.07.2012, the petitioner has approached this Court. Heard learned counsel appearing for the parties and perused the documents on record.
(2.) The petitioner was appointed as a lecturer by Ranchi University by Letter No. RU/C-822-79-81 and she was transferred to Jamshedpur Women's College in January 1984. The petitioner functioned as Head of the Department, English Department between the period from 1994 to 2006. By the order dated 23.10.2009, the petitioner was appointed as Pro-Vice-Chancellor of Kolhan University, Chaibasa and subsequently by order dated 26.09.2010 she was directed to perform the duties of Vice Chancellor, Kolhan University in addition to her duty as Pro-Vice-Chancellor. On 07.09.2011, a show-cause notice was issued to the petitioner to which she replied on 16.09.2011. A one man Inquiry Committee was instituted to inquire into the following charges: (i) Irregular coming to office ever since after taking over charge of Pro-Vice-Chancellor of Kolhan University, Chaibasa. (ii) Use of intemperate language on files and showed erratic behavior in office. (iii) Lacking in knowledge of University Laws/Rules etc. as obvious from her role in grant of affiliation to various colleges in violation of Section 4(19) of the Jharkhand State Universities Act. (iv) Drawal of excess payment of Rs. 33,240/- only from the University for which recovery proceedings are in progress. (v) Indulging in financial impropriety by claiming landline phone bill of her Jamshedpur residence which is inadmissible. (vi) Instrumental in organizing Central Research Board meeting in contravention of the regulation on the subject and thereby incurring wasteful expenditure of Rs. Approximately Rs. one lakh.
(3.) On conclusion of the inquiry, the Inquiry Committee submitted its report concluding as under: (i) From the circumstantial evidences revealed in course of verification of records, the Pro-Vice-Chancellor was found absent from Headquarter time to time. (ii) A few notings of Pro-Vice-Chancellor on the files and press briefing were found harsh in content and tone. However, erratic behavior of Pro-Vice-Chancellor with subordinate and senior official could not be established. (iii) For violation of rules and regulation in granting affiliation to college, Pro-Vice-Chancellor alone should not be held responsible for any shortcomings for granting affiliation to college as the proposal for affiliation is routed through various stages/processes and finally cleared by the Statutory Bodies of the University. (iv) Excess payment to Pro-Vice-Chancellor and other officers on account of administrative allowance and HRA/CCA were rendered possible due to incorrect decision taken in the Syndicate and administrative lapses in acceptance of inadmissible claims at University level preferred by Pro-Vice-Chancellor and others. (v) The claim submitted by Pro-Vice-Chancellor for landline telephone for Jamshedpur residence was irregular and inadmissible. (vi) There was procedural and administrative lapses in sanctioning and granting of advance to a retired person at University level for organizing meeting of Central Research Board. Approval of expenditure so incurred has not been obtained from the Vice-Chancellor so far. Pro-Vice-Chancellor is not responsible alone for such lapses. The expenditure incurred on organizing the meeting should not be termed as wasteful due to reasons mentioned in para (VI) above.;


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