2nd show cause ( after 2 hearings and now ots their verdict)

Government of West Bengal Technical Education, Training and Skill Development Department Karigari Bhavan (3rdFloor), B/7, AA- III, New Town, Kolkata 700160 Memo no:I/647051/2025 Date:29-05-2025 REVISED SECOND SHOW CAU^E NOTICE (under rule 12 (a) & (b) of the WB services (classification, control & appeal) Rules, 1971) WHEREAS, an inquiry was held under Rule 10 of the West Bengal Services (Classification, Cont rol & Appeal) Rule, 1971, vide Memo No. 1237-TET (Poly) /10M-128/2016 dated 18.10.2017, against Ms. Soma Mukhopadhyay, the Charged 0fficer, the then Principal , Mirmadan Mohanlal Gove rnment Polytechnic, under the Directorate of Technical Education and Training, West Bengal in the Department of Technical Education, Training and Skill Development in respect of the charges of alllowing the students to write the examination paper with the help of open-book in the examination hall and restraining the invigilator Mr. Sabe Sadek Mondal to collect the books from students (Article of Charge I ); not providing the papers documents / photographs etc. of Mirmadan Mohanlal Government Polytechnic to Sri Pranay Kumar Saha, 0IC of Ranaghat Govt. Polytechnic for the purpose of presenting before the Standing Hearing Committee Meeting at AICTE Head Quarters on 11.03.2017 while violating the order of DTET, WB (Article of Charge -II) and going to New Delhi on 16.03.2017 to attend the Standing Hearing Committee Meeting at AICTE Head Quarters, New Delhi after being suspended and after being restrained from attending the said meeting (Article of Charge III) in violation of West Bengal Services (Duties, Rights and Obligation) Rules, 1980; AND WHEREAS to inquire into the said charges framed against the Charged officer, an Inquiring Authority was also appointed in terms of rule 10 of West Bengal Services (Classification, Control and Appeal) Rules, 1971 vide Memo No. 1238-TET (Poly)/10M- 128/2016 dated 18.10.2017; AND, WHEREAS, said Inquiring Authority, after detailed examination of the witnesses as well as the evidences on record, submitted its report before the Authority on 28.12.2020; Disciplinary AND WHEREAS, the matter has been consulted with the Public Service Commission West Bengal who inter alia advises for issuance of revised 2ndshow cause notice; AND, WHEREAS, after examination of the evidence, it appears that the Charged Officer, namely Ms. Soma Mukhopadhyay is not guilty of the Article of Charge I but she was found guilty of Article of Charge – II and III as her act shows lack of integ rity, violation of orders of her superiors and she failed to behave courteously with the members of the public or colleagues with whom she came in contact in discharge of her duties and as such, her acts are improper and unbecoming of Government servant which were proved beyond any doubt; AND, WHEREAS, the Disciplinary Authority considered the Inquiry Report and agreed with the findings of the Inquiring Authority; AND, WHEREAS, as the Article of Charge – II and III are proved against the Charged 0fficer and the said charges are very serious in nature, the Disciplinary Authority is of opinion that: a b. C. d. The Charged Officer Ms. Soma Mukhopadhyay shall be placed to the lower post Le. Lecturer selection Grade II ofGovernment Polytechnic till her retirement on superannuation fromn the date of order under rule 8 (v) of West Bengal Services (Classification, Control and Appeal) Rules, 1971. During the period of penalty, she will receive initial pay meant for the post ROPA. of Lecturer selection Grade II of Government Polytechnic in the eristing During the periodof penalty, she will not get any increment or career advancement benefit or promotional benefit in the post so reduced. After the penalty period is over, she will be allowed retiral benefit on the last pay ofLecturer selection Grade II. Now, therefore, she is directed to show cause in Writing within 14(fourteen) days from the date of receipt of this letter as to why the above mentioned punishments

Enclo: Copy of the inguiry report etc. By order of the Governor, Addl. Chief Secy. to the Govt. of West Bengal As per the Charge sheet framed by the Department against Ms. Soma Mukhopadhyay. erstwhile Principal of Mirmadan Mohanlal Government Polytechnic, Kaliganj, Nadia (now under suspension), the folowing three (03) charges are brought against her: Article of Charge-1 It appears that Ms. Soma Mukhopadhyay, while functioning as Principal of Mirmadan Mohanlal Government Polytechnic, Kaliganj, Nadia since 09/04/2015 and on 07/12/2016, during the examination of sth Semester for the Electrical and Electronics Engineering and Food Processing Technology, allowed the students to write the examination paper with the help of open-bo0k in the examination hall and restrained the invigilator Mr. Sabe Sadek Mondal, to collect the books from the students in the examination hall and also restrained the council’s appointed Observer, Mr. Kajal Chakraborty, to undertake lawful discharge of assigned duties in this regard. Such conduct of Ms. Soma Mukhopadhyay is prima facie dereliction of duty and also failed to faithful discharge of asigned Govt. duties which is improper and unbecoming of a Government servant and in violation of Rule 3(1) and 3(3) of DRO Rules, 1980 where it is mandatory duty of every Government employee that he or she shall faithfuty discharge his/her duties assigned to him or her and shalt behave courteously with the members of the public or colleagues. Articie of Charge-! It appears that Ms. Soma Mukhopadhyay while functioning as Principat of Mirmadan Mohanlal Government Polytechnic, Kaliganj, Nadia since 09/04/2015 was requested by the Director in-Charge of Directorate of Technical Education and Training to hand over all necessary papers/docunents/photographs etc. of Mirmadan Mohanlal Government Polytechnic to Sri Pranay Kr. Saha, Oficer-in-Charge of Ranaghat Government Polytechnic on 11/O3/2017 for the purpose of presenting before Standing Hearing Committee Meeting at ACTE Headquarters, New Delhi to be heid on 16/03/2017 but she failed to comply with the said direction. Such conduct of Ms. Mukhopadhyay is a deliberate violation of direction of the authority and is prima facie improper and unbecoming of a Govt. servant as such violation of the Ruie 3(2) of DRO Rules 1980. Whereas it is the duty of every Government employee to discharge his or her duties with devotion to duty. Devotion to duty means a Govt. employee must have to be obedient, faithful to discharge his or her duties and any act or omission which runs counter to the expected code of conduct will constitute misconduct. Article of Charze -l! appears that Ms. Soma Mukhopadhyay, after being suspended from the post of Principal of Micmaden Mohanlal Government Polytechnic, Kaliganj, Nadia on 14/03/2017 and after being restrained from attending the Standing Hearing Committee Meeting at AICTE Headquarters, New Delhi to be held on 16/03/2017, even after suspension and being forbidden to attend the said meeting of the SHC at AICTE, she deliberately went to New Delhi on 16/03/2017 in violation of the Government Order. Such çonduct of Ms. Soma Mukhopadhyay is prima facie improper and tantamount to nsubordination and unbecoming of a Government servant as such act was in violation of Rule 3(2) and 3(3) of DRO Rules, 1980 whereas it is the duty of every Government employee to carry out faithfuly his or her duties and responsibilíties entrusted to him or her as public servant. To prove the charges, the Disciplinary Authority has listed four (4) witnesses in Annexure V and nine (09) documents are listed in Annexure- l| of the Charge sheet. At the time of hearing, three (03) witnesses could be heard as one of the witnesses has already left the senice. All the witrnesses were also cross exarnined. All the documents were verified by both the witnesses and the charged officer. In context to the Article of Charge No. –I, on hearing of all the three (03) witnesses and the charged officer and from the report of the preliminary enquiry, it could not be conclusivety proved that the charged officer during the examination of the s semester for Electrical and Electronics Engineering and Food Processing Technology, allowed the students to write with open books. Therefore, she is found not guilty for the Article of Charge No. -I. In respect of the Article of Charge No, – I1, after hearing all the witnesses and the charged officer, it was learnt that despite the charged officer was requested by the Director-in-Charge, DTET to hand over all necessary papers/documents/photographs of Mirmadan Mohanial Government Polytechnic, Kaliganj, Nadia to Sri Pranay Kumar Saha, officer-in-Charge, Ranaghat Government Polytechnic, she did not hand over the same, But it is learnt from Sri Pránay Kumar Saha that he received few documents from Sri Goutam Saha, Workshop Instructor of Mirmadan Mohanial Government Polytechnic, Kaliganj, Nadia, whom the charged officer had entrusted to hand cver the documents. It reveals from the CroS5-examinatíon of the charged officer that she was present in the AICTE Office in New Delhi on 16/03/2017 with all documents relating to AICTE approval. Her abave statement proves that she did not hand over all the required documents as directed by Director-in Charge, DTET to Sri Pranay Kumar Saha on 11/03/2017. Hence, the charged officer is found gullty in respect of the Article of Charge No, – H. As per the Article of Charge No. – ll, the charged officer was forbidden to attend the SHC at AIÇTE, New Delhi where she deliberately went to in violation of the Govt. Order, So, it is clear that despite being kept under suspension, she went to New Delhi and the AIÇTE office to create the disturbances deliberately. Therefore,

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