RECONSIDER SUSPENSION OF PROF FOR POSTS AGAINST MODI

MUMBAI: The Bombay high court (HC) recently directed the chairman of the Film and Television Institute of India (FTII), Pune, to reconsider the suspension order of a faculty member against whom disciplinary proceedings were initiated after he posted messages on Facebook criticising the Modi government and the Bharatiya Janata Party (BJP).

A division bench of justice Sunil Shukre and justice G A Sanap on April 1 also directed the chairman to inquire under which authority the director – Bhupendra Kainthola proceeded to issue the order placing Indranil Bhattacharya under suspension, even though the chairman had not approved the proposal submitted in that behalf, and submit his report to the court.

The bench noted that under provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, only the appointing or disciplinary authority or other authority empowered by the President of India, can place a central government servant under suspension. The bench also noted that in Bhattacharya’s case, though the chairman of FTII was the disciplinary authority, the suspension order was issued by the director.

“It is; therefore, prima facie appears that the director of the Film and Television Institute has exceeded his authority in placing the petitioner under suspension,” said the bench, adding, “We are of the prima facie view that the impugned suspension order is illegal and needs to be considered properly.”

Professor Bhattacharya has moved the high court challenging the July 19, 2019 order passed by Kainthola, placing him under suspension with immediate effect pending a disciplinary inquiry. He had primarily challenged the order contending that the charge sheet was not served upon him and the inquiry officer was not appointed to conduct the disciplinary proceedings in two of the three charges levelled against him.

In his petition, Bhattacharya contended that the vindictive action started after he lodged a complaint with the chief vigilance commissioner with regard to the functioning of the institute.