DUTA Letter to VC and Director, South Campus on Dr. Saibaba

Sub: Appeal for Reversal of RLA College GB Decisions to continue with Dr. G. N. Saibaba’s suspension and initiate disciplinary proceedings against him


Dear Prof. Tyagi,


The RLA College Governing Body’s decisions (communicated vide Letter and Office Order dated 4/7/2016) to continue with Asst. Professor Dr. G. N. Saibaba’s suspension pending the finalisation of his case under various sections of the UAPA and further, initiate disciplinary proceedings against him are in gross violation of Ordinance XX-C of the Delhi University Act, Statutes and Ordinances, which safeguards the rights of the academic staff of this University-maintained college.
The violations arise from and impinge on the following:


1. Ordinance XX-C, pertaining specifically to Ram Lal Anand College, bestows the Governing Body a prerogative under Clause 4 (e) to “create, appoint, suspend or terminate the services of the administrative and other non-academic staff and to determine their emoluments and conditions of service”. However, the same prerogative is not bestowed in such decisions pertaining to the academic staff. Hence the Governing Body of RLA College has no independent disciplinary authority against teachers of the College.


2. The truncated Governing Body of RLA College instituted a one-man Enquiry Committee comprising one of its members Adv. Umesh Sharma to separately enquire into all “facts” pertaining to the pending cases under sections of UAPA against Dr. Saibaba. This decision was never accorded statutory approval by the University.


3. The truncated Governing Body of RLA College does not have majority of mandated members in place including teacher representatives after the previous members’ term ended and no new members have been appointted by you during the period when these decisions were taken by the diminitive GB regarding Dr. Saibaba’s services after he was granted regular and permenant bail by the hou’ble Supreme Court.


4. Neither the Office Order nor the Letter mentioned above make any reference to the terms of reference under which the Enquiry Committee functioned or the contents of its Report. The decision to continue with Dr. Saibaba’s suspension is in contravention of the GOI rules as Dr. Saibaba has been granted bail and is no longer put under any form of arrest.


5. No reference is made to any separate charges of misconduct for which the Governing Body intends to initiate disciplinary proceedings against Dr. Saibaba. In fact, there is no charge against Dr. Saibaba in any form in his entire service in the College and University.


6. Dr. Saibaba’s entry to College premises has been disallowed by an order passed by the College Principal in the name of law and order problem and the truncated GB decided to continue with this prohibitary order without any legal provision or reason. It is totally violative of the rights of an employee to approach his workplace in order to avail various facilities and provisions. A suspended employee is to be treated on par with the regular employees excepting in performing his or her duties as per Central Government Employees Rules. This act of imposing illegal prohibitary orders clearly show disciminatory and malafide intentions of the truncated GB.


Apart from the violations stated above, the decisions of the RLA Governing Body seem prima facie malafide, intended to harm Dr. Saibaba’s professional interests and prejudice the case for his Defense in the Court of Law.


If the RLA Governing Body’s illicit decisions are not officially reversed, Dr. Saibaba’s rights as a teacher will stand violated and his survival opportunities will be adversely affected as he is already undergoing treatment, as per the directive of the Hon. High Court of Maharashtra, for life-threatening ailments aggravated under inhuman conditions of incarceration.
We urge you to intervene immediately on behalf of the enshrined rights of our colleague who, despite his severe disabilities and continued inhuman sufferings inflicted under the hostile provisions of the UAPA, has always spoken his mind and continued to inspire his students and colleagues with his academic commitment and intellectual courage. The exceptional provisions of the UAPA notwithstanding in the false and fabricated case, it is only to be expected from you to stand up for a bonafide teacher of the University and insist on the principles of Natural Justice as well as the application of the University’s Ordinances in letter and spirit.