Amitava Kanjilal v. The Registrar, University Of North Bengal And ORS
Item No.7 08.01.2026 Court. No. 2 GB CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
APPELLATE JURISDICTION WPA 895 of 2025 Dr. Amitava Kanjilal VS The Registrar, University of North Bengal & Ors. Mr. Arik Banerjee, Mr. Joyjit Dutta, Mr. Bikash Singha ... for the Petitioner.
Dr. Arjun Chowdhury, Ms. Riya Agarwal ... for the Respondent Nos.4 & 5.
1. The writ petition is disposed of granting one last chance to the disciplinary authority to complete the disciplinary proceeding within a period of two months from date.
2. It appears that a charge-sheet was issued to the petitioner sometime in October 2020. The petitioner was initially suspended, but the petitioner was allowed to rejoin his duty. However, increments have been withheld on the ground that a disciplinary proceeding is pending. This Court cannot help but express the sorry state of affairs in the manner in which the disciplinary authority has proceeded. In 2022 a coordinate Bench had directed the disciplinary proceeding to be concluded within a period of three weeks. Yet, the
college authorities have slept over the entire issue. The petitioner is suffering on account of the delay. It is well-settled that any delay in conclusion of a disciplinary proceeding is itself punitive.
3. Under such circumstances, the proceeding will be concluded within a period of two months from date of communication of the order. If the same is not concluded within the period as aforesaid, it will be presumed that the college is not interested to proceed against the petitioner in accordance with the service rules but, the entire exercise was only to harass the petitioner.
4. It is made clear that the principles of natural justice will be followed. Parties shall be entitled to adduce both oral and documentary evidence in support of their respective cases.
5. Accordingly, the writ petition is disposed of.
6. Parties are directed to act on the basis of the server copy of this order.
(Shampa Sarkar, J.)