Study leave benefits of teachers cannot be revoked on ground of pending disciplinary proceedings under UGC Regulations: Calcutta High Court

The Calcutta High Court recently ruled that the University Grants Commission Regulations, 2018 (UGC Regulations) do not allow universities governed by it to withdraw study leave granted to teachers on account of disciplinary proceedings contemplated or initiated against them [Shri Rajesh KV Alias Rajesh Kaleerakath Venugopal v. Visva-Bharati and others].Justice Kausik Chanda made the observation while relying on a provision under clause 8.2 (xiii) of the UGC Regulations, which deals with the circumstances in which study leave benefits, such as leave salary, should be refunded to the university..The said clause does not mention the pendency of disciplinary proceedings as a ground for the refund of leave salary. However, clause 8.2. (xiii) (d), provides that when a teacher is dismissed or removed from service, he is liable to refund leave salary and other allowances and expenses incurred in connection with studies pursued while on leave. The Court opined that the manner in which a suspended employee's leave application should be dealt with can also be traced to this clause. “In my view, the said clause duly outlines the course of action to be taken in the event where a disciplinary action has been initiated against a teacher. The said rule does not authorise the university to revoke any leave benefit where a disciplinary proceeding is contemplated or initiated against a teacher," the Court said. .The judge passed the ruling in a plea moved by an assistant professor (petitioner) at Visva-Bharati University challenging the university’s rejection of his study leave request.The petitioner had applied for study leave twice after he secured a senior fellowship in theatre offered by the Ministry of Culture, government of India, for a two-year period.However, in May 2022, the university rejected his application stating that he was not entitled to leave as he was a suspended employee. The suspension order was passed after the initiation of disciplinary proceedings against the petitioner on the basis of a charge sheet in 2021. .Pertinently, the Court found that the petitioner had made his first application for study leave before the suspension order had been passed. Moreover, it was noted that the suspension order and the charge sheet based on which the disciplinary process was initiated, were later quashed by another bench of the Calcutta High Court in March 2022.Though the University had filed an appeal against this ruling, the decision to quash the suspension was not stayed till date. Hence, Justice Chanda observed that there was no suspension order presently against the petitioner in the eyes of law. .The Court also rejected the university’s stance that the UGC Regulations did not apply to the Visva Bharati University. The university had contended that it was the Fundamental Rules under the CCS (Leave Rules) that governed it.However, the Court noted that the petitioner’s appointment letter had mentioned that his service would be governed by the directives of the UGC among other authorities.“In my view, the said UGC Regulations, 2018, provide for an exhaustive set of leave rules when Visva-Bharati does not have its own. There cannot be any doubt that the provisions for leave contained in UGC Regulations, 2018, shall apply to the petitioner,” the Court added..Therefore, the Court ruled in the petitioner’s favour. The university was directed to grant the study leave applied for by the petitioner within seven days from the judgment. Further, the Centre for Cultural Resources and Training was also directed to consider extending the period of the petitioner’s fellowship, if required, to make up for the time consumed in legal proceedings for this case..Advocates Puspal Chakraborty, and Prisanka Ganguly appeared for the petitioner. Advocates Pranit Bag, and Anuj Kumar Mishra appeared for the Visva-Bharati University. .[Read Judgment]