Calcutt high court quashes Viswa Bharati VC's petition

KOLKATA: The Calcutta high court on Wednesday dismissed the petition filed by the Viswa Bharati vice-chancellor Sushanta Dutta Gupta challenging the jurisdiction of the three-member fact-finding committee constituted by the union HRD ministry to probe the allegations against him. The HC held that since a show-cause has been issued to Dutta Gupta on June 29 and the VC has already challenged it again, the present petition becomes infructuous.
Dutta Gupta had moved court on June 24 seeking an order to stay proceedings of a fact finding committee that the ministry of human resource development (MHRD) instituted against him. He had argued that the committee has no jurisdiction to initiate any proceeding against the VC as it infringes upon VB's autonomy .Citing a TOI report published on June 9, he had submitted that setting up such a disciplinary committee is illegal. He sought a stay on all proceedings till the high court heard the petition. Justice Tapabrata Chakraborty said in light of Dutta Gupta's subsequent writ petition challenging the show cause, the earlier petition becomes infructuous. The same bench is likely to hear the writ at a later date.
Even though the inquiry report on April 26 had found the VC guilty of grave financial and administrative irregularities and mishandling of complaints of sexual harassment, there appears no provision for removal of the Viswa Bharati vice-chancellor in the Viswa Bharati Act and its statutes. However, the MHRD feels that as per section 16 of the General Clauses Act, 1897, "Power to appoint includes power to dismiss or suspend. Where, by any Central Act or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed in exercise of that power."
Accordingly, the MHHD has also written to President Pranab Mukherjee – the Viswa Bharati Visitor and appointing authority of vice-chancellors of all central universities – on June 16, seeking his approval to issue a showcase to Dutta Gupta on why he shouldn't be dismissed. The Presidents' Secretariat gave its nod paving way for the show cause.