HRD Min seeks legal advice on Visva Bharati VC sacking

The action comes in the wake of President Pranab Mukherjee returning HRD Ministry’s file, recommending the sacking of the VC, asking it to seek <g data-gr-id="27">legal</g> opinion before taking a decision.

According to sources, the President’s office, in particular, has stressed on taking legal views on the “order of dismissal” as it would be the first time a vice-chancellor is sacked by the President, who is the Visitor to all Central Universities. 

The ministry had sent <g data-gr-id="25">Dattagupta’s</g> file to the President <g data-gr-id="22">recently,</g> after it allegedly found him guilty of financial and administrative wrongdoings. Officials said the action was necessitated as the ministry was “not convinced” by his reply to the show-cause notice issued to him in June.

Charges against Dattagupta included drawing <g data-gr-id="21">salary</g> from Visva Bharati and pension from Jawaharlal Nehru University (JNU) simultaneously in alleged violation to the law.

As per the law, Dattagupta  was required to have got his pension amount deducted from the pay he received from Visva Bharati. Besides, Dattagupta was charged with making irregular appointments, including that of the Controller of Examinations, despite having no power, and sanctioning key posts in violation to the Visva Bharati Act. 

Though the existing laws relating to Central Universities do not provide for the sacking of a Vice-Chancellor, President Pranab Mukherjee can invoke Section 16 of the General Clauses Act 1987, to remove him. The Act empowers the appointing authority to suspend or dismiss any person appointed under a central act or regulation. A three-member panel set up by the HRD Ministry and headed by former Allahabad High Court judge Justice (<g data-gr-id="31">retd</g>) SS Yadav had allegedly found Dattagupta  guilty of the charges in February. Senior Congress leader from West Bengal and Rajya Sabha MP Pradeep Bhattacharya had in June met the President to demand his removal, alleging the university was 

“losing its glory” under him.