Mousmi Saikia vs State Of Assam And 4 Ors

Heard Mr. D. Das, learned Senior counsel assisted by Ms. A. Neog, learned counsel for the petitioner.

This writ petition is filed by the petitioner questioning the communication dated 07.04.2022 by which the services of the petitioner were terminated with immediate effect.

The petitioner is employed as an Assistant Professor (Contractual) in the Department of Herbal Science & Technology in the Anandaram Dhekial Phookan College, Nagaon. The post to which the petitioner was appointed is sanctioned by the UGC vide the communication dated 12.05.2012 by which the UGC assistance for M.Sc. Herbal Science and Technology at the Department of Botany and Chemistry, A.D.P. College, Nagaon under Innovative Programme-Teaching & Research in Interdisciplinary and Emerging Areas has been approved and sanctioned by the UGC. As per the terms and conditions of the said communication at Sl. No. 9, it is provided that the University/College/State Government will take over the recurring liability of the staff sanctioned, if any, under the programme and other recurring liabilities after the UGC assistance to the programme ceases on completion of the approved duration.

In pursuance to the Advertisement to which the petitioner had applied for the post of Assistant Professor, the petitioner was duly selected by the selection committee of the college and the petitioner was recommended as Assistant Professor in the Department of Herbal Science & Technology. The recommendation of the selection committee was duly approved by the Governing body in its resolution adopted in the meeting held on 18.07.2013. The petitioner was thereafter appointed as Assistant Professor of the College in the Department of Herbal Science & Technology under UGC terms and conditions vide UGC letter No. F.14-31(B)/2012 (Inno-ASIST) dated 12.06.2012 following recommendation of the selection committee and approved by the Governing Body of the College vide its resolution No. 2(B) dated 18.07.2013 vide the communication dated 25.07.2013.

The said appointment was also approved by the UGC in the Pay Scale payable to the petitioner. The UGC vide its order dated 09.05.2015, the Pay Scale was duly approved under the said Programme. Meanwhile, the petitioner was also given responsibility as the Head of the Department of the ADP College, Nagaon, Assam. The UGC Assistance which commenced w.e.f 01.04.2012 was completed within 5(five) years from the date which was given effect to. As per the terms and conditions of the UGC Communication dated 12.05.2012, the petitioner continued to render her service in the post she was selected to the satisfaction of all concerned. During her tenure, an allegation of sexual harassment was made against the present Principle by an Assistant Professor in the B. Voc Department of the College. This complaint was submitted to the petitioner being the Head of the Department. That apart, the petitioner herself lodged a complaint of sexual harassment against the present Principle by filing an FIR dated 08.04.2022. The said FIR has since been duly registered and the police has undertaken investigation in respect of the allegation made. It is submitted by the learned Senior counsel that allegation of sexual harassment made by the another employee namely, Monika Biswas is presently under consideration by the authorities of the college and which complaint the petitioner has also forwarded to the Police. It is submitted by the learned counsel that in view of the sexual harassment complaint/allegations made by the petitioner, the Principal namely, Dr. Surajit Kr. Bhagawati issued the impugned communication dated 07.04.2022 releasing the petitioner from her contractual service of the college with immediate effect. It is submitted by the learned senior counsel that this was apparently a backdated letter which was allegedly issued by the Principal after the FIR filed by the petitioner was registered on 08.04.2022. It is submitted that the impugned communication letter was received by the petitioner on 09.04.2022 as stated in the paragraph 17 of the writ petition. That apart this termination letter does not have the approval of the governing body of the college as required under the Rules.

Mr. S. Das, learned counsel appearing for the State of Assam for respondent no.1 and 2 submits that at this stage of instructions are necessary for which he prays for some time.

Mr. A. Chamuah, learned counsel appears for UGC has also made similar prayer although UGC is not made a party in the writ petition.

Mr. P. J. Phukan, learned counsel appears for Gauhati University has also prayed for some time for instructions.

Upon hearing the learned counsels for the parties, issue Notice Returnable after 4 (four) weeks.

Steps by Registered post within 1 (one) week from today.

Extra copies on the learned counsels appearing for the parties be served. It is submitted by the learned senior counsel that UGC will be a necessary party therefore orders be issued to array UGC as a party respondent.

Accordingly, let UGC be arrayed as a party respondent no.6 in the present writ petition.

Registry to make the necessary endorsement in the Cause Title.

Till the next returnable date impugned order dated 07.04.2022 shall remain stayed.