Letter to Chairperson, BR Ambedkar College Governing Body

October 15, 2013

Sub: Demand for Statutory Enquiry against Principal, B. R. Ambedkar College under Ordinance XVIII and Demand for Retrospective Restoration of Smt. Pavitra Bhardwaj’s Services

Dear Sir,

         In continuation with our earlier correspondence on the critical matters pertaining to the unfortunate and tragic demise of Smt. Pavitra Bhardwaj, we want to convey to you our firm demand for a Governing Body-instituted Statutory Enquiry into the charges of Administrative and Sexual Harassment made against the college principal, Dr. G. K. Arora as well as the demand for immediate restoration of Smt. Pavitra Bhardwaj’s services on retrospective basis.

We do welcome the Governing Body’s timely decision to suspend the principal in order to facilitate the Enquiry that has been set up by the Delhi Government. However, B.R.Ambedkar College is a constituent college of the University of Delhi, a Central University governed by its own Act, Statutes and Ordinances. As per Ordinance XVIII of the Delhi University Act (1922), the Governing Body is the disciplinary authority for all employees of the college. It is therefore bound by law to institute its own Enquiry, with proper terms of reference, charge-sheet etc. in order to take any decision on matters that pertain to disciplinary proceedings against any employee. Taking cognizance of an Enquiry by any other agency as the basis to decide upon disciplinary actions would not be legally tenable. Moreover, for a matter of this seriousness, in order to establish and account for the full facts of the matter, the statutory Enquiry, as mandated by Ordinance XVIII, should be headed by none less than somebody of the level of a Retired Justice of the High Court . Hence, we urge a prompt intervention on your part to ensure that the sensitive matter is addressed within the purview of the law that applies to the University of Delhi.

It is also a matter of shame that Smt. Pavitra Bhardwaj’s services were summarily terminated by the College Principal on the flimsiest pretext and, more importantly, without the approval of the Governing Body. Justice cannot be done to the deceased, but the Governing Body should take proactive steps to ensure that her professional dignity is restored by restoring her services, emoluments and benefits with retrospective effect. This would be the minimum gesture, on the Governing Body’s part, in re-establishing an environment of confidence and normalcy in the teaching and non-teaching staff of the college, as well as in conveying to the University community and society at large that the Governing Body is keen to ensure that justice is done.

We look forward to your positive response to our demands.