Calcutta HC Imposes 10K Costs On Visva-Bharati University For Not Filing Response In Plea Concerning Initiation Of Departmental Enquiry Against A Professor

The Calcutta High Court on Friday imposed costs to the tune of Rs 10,000 on the authorities of Visva-Bharati University, Santiniketan for its repeated failure to file an affidavit-in-opposition in a case pertaining to initiation of departmental proceedings against a professor of the University on the basis of allegations of sexual harassment. 

Justice Moushumi Bhattacharya on Friday noted that the University had failed to file its affidavit-in-opposition despite given three prior opportunities to do so. Accordingly, the Court recorded in its order, 

"It appears from the records that the University was to file its affidavit-in-opposition within two weeks from the order dated 25th September, 2020. The time to file the affidavit-in- opposition was extended by another order dated 6th January, 2021 by which the University was to file its affidavit-in-opposition within 20th January, 2021."

Thereafter, the Court directed the University authorities to file its affidavit-in-opposition within 3 weeks and further ordered the authorities to pay costs amounting to Rs 10,000 to the Bharat Sevasram Sangha, Kolkata within 2 weeks. The petitioner was also directed to file its reply within 2 weeks thereafter. 

"Let affidavit-in-opposition be filed within three weeks from date upon costs being paid by the University assessed at Rs. 10,000/- to be paid to Bharat Sevasram Sangha, Kolkata within a fortnight from date and Reply, if any, within two weeks thereafter."

The matter has been listed for further hearing after 5 weeks. 

Background

In the instant case, the petitioner, one Sudipta Bhattacharyya is a professor of the Department of Economics and Politics of the Visva-Bharati University. Certain charges had been levelled against him, inter alia, for making derogatory remarks against the University and some of its officials and thereafter an enquiry had been conducted. 

On August 6, 2020, one of the members of the enquiry committee before whom the petitioner appeared had complained in writing that the petitioner instead of answering any question had allegedly stated in Bengali language,  "I am satisfied having a pleasant conversation (Khos Golpo) with you." Subsequently, proceedings of sexual harassment had been initiated against the petitioner on the basis of such a complaint. 

The High Court vide order dated September 25, 2020 had stayed any proceedings of sexual harassment arising out of the aforementioned complaint for a period of 8 weeks after observing that the sexual harassment proceedings initiated are 'absolutely ridiculous' and constitute abuse of process of law. 

"The dictionary meaning of the Bengali word 'Khas golpo' is "a pleasant chat, an amusing tale or story". The complaint does not even indicate that the said amusing chat of pleasant story was made with any inappropriate gesture or expression or otherwise. It, therefore, is ex facie clear to the Court that the word by any stretch of imagination, cannot amount to any sexual harassment", the High Court had further recorded in its order dated September 25, 2020. 

On Friday, Justice Bhattacharya further extended the interim order issued on September 25, 2020 till March 14, 2022. 

Advocate Arka Maity appeared for the petitioner. Advocate Emon Bhattaharya appeared for the University. 

Case Title: Sudipta Bhattacharyya v. Visva-Bharati & Ors

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