On VPCI Asst. Registrar’s Termination of Service
The Vallabhbhai Patel Chest Institute (VPCI) has been witnessing a lot of unrest arising from the hostile relations between the Institute’s Director, Jt. Registrar on one side and the administrative and non-teaching staff of the Institute on the other. The administrative and non-teaching staff has made frequent representations to the DU authorities on issues pertaining to serious administrative lapses and financial irregularities in the functioning of the Institute. As a vindictive measure, the Director, Prof. Dr. Rajendra Prasad and the Jt. Registrar, Mr. P. R. Santhanam started victimizing the staff under various pretexts. Memos, warnings, etc. were issued to employees for the slightest imagined indiscretions. All efforts were made to gag the officers who dared to raise their voices against the maladministration being carried on the Director and Jt. Registrar. The attempted dismissal of Asst. Registrar Mr. C. Ramesh followed in the wake of these vindictive attacks.
The dismissal order was quashed by the Delhi High Court on 29 Jan 2014. The Court observed that the VPCI Governing Body did not have the power to institute or effect any disciplinary action against any employee. This followed from the fact that all VPCI employees are appointed by the University (DU) and as such under Rule 69 of the University Non-teaching Employees (Terms and Conditions of Service) Rules, 1971 (ref. 1971 Rules amended in 2013), disciplinary powers are vested with DU’s Executive Council unless they are expressly delegated. The Court found no general or special order issued by the Executive Council delegating its disciplinary powers to the VPCI Governing Body. Unlike other constituent or affiliated colleges of the Delhi University, wherein such powers have been vested with the Governing Bodies which are also the appointing authority, the VPCI Governing Body is only empowered to administer the day-to-day running of the Institute, while the University Executive Council is the sole appointing and disciplinary authority and reserves such rights for itself. It observed: “quite clearly, the Governing Body on its own cannot hold a meeting and, thereby, confer a power upon itself, which the executive Council has not conferred on it” [p. 8 of Judgment on WP©2110/2013]. Consequent to the quashing of C. Ramesh’s dismissal order, the Court ordered his immediate reinstatement in the post of Asst. Registrar.
Instead of reinstating him, the VPCI Governing Body was misled by the Director into submitting a Review Petition in the Court. Till date, Mr. Ramesh is waiting for justice to be secured for him. He continues to be under illegal dismissal in brazen Contempt of Court.
Next, the vengeful attitude of the Director and Jt. Registrar was evidenced in August 2013, when a disciplinary inquiry was instituted by the VPCI Governing Body against the other Asst. Registrar, Mr. Ajit K. Ghosh. Mr. Ghosh had spoken up for his victimized colleague, Mr. Ramesh and had also helped him during the Court proceedings. The DUTA is absolutely clear that this became the grounds for the disciplinary inquiry against him. Set up to inquire into a flimsy charge of false Rent-Receipt, the inquiry was conducted in a shoddy and suspect manner by Inquiry Officer Mr. Inder Singh (Retd. Dty. Secy./CDI, Central vigilance Commission) who himself was appointed unilaterally by the Director. The chargesheet was framed under the 1971 Rules while it was arbitrarily amended to refer to 2013 Rules after the lapse was pointed out to them by Mr. Ghosh.
The Inquiry Officer conducted an ex-parte inquiry in which Mr. Ghosh was not present. Though he was present in office, he was not informed about the inquiry session and was not given the opportunity to defend himself. Further, his demand for C. Ramesh as Defense Assistant was not acceded to, in violation of the norms of statutory inquiry.
Based on the inquiry report submitted on 23.6.2014, the VPCI Governing Body ordered Mr. Ghosh’s dismissal although even under the amended and new Rules (2013), still no disciplinary powers had been delegated to it. While this gross injustice against Mr. Ghosh has been reported to all senior officials and Executive Council members by elected teachers’ representative in the EC, Dr. Abha Dev Habib, no intervention has been made to reverse the dismissal order or to put an end to the harassment faced by Mr. Ghosh.
The VPCI has no Asst. Registrar at present. Although there are four sanctioned posts for Asst. Registrar, all of them are lying vacant.
The DUTA is appalled at the perversion of rules and procedure by the VPCI Governing Body, as is evidenced in these two cases of victimization. Such desperate lapses can only indicate foul-play and malafide intent on the part of the officials and administrators who are responsible for the functioning of the Institute. The DUTA demands immediate reversal of the dismissal order against Mr. Ghosh and the reinstatement of both the Asst. Registrars. The DUTA expresses solidarity for both these whistleblowers of corruption and urges DU to institute an independent inquiry into the charges of maladministration and financial irregularities raised against the functioning of the Jt. Registrar and Director. It warns the VPCI Governing Body that it will be forced to contemplate direct action and agitation if justice is not secured for these two officers at the earliest.
The Vallabhbhai Patel Chest Institute (VPCI) has been witnessing a lot of unrest arising from the hostile relations between the Institute’s Director, Jt. Registrar on one side and the administrative and non-teaching staff of the Institute on the other. The administrative and non-teaching staff has made frequent representations to the DU authorities on issues pertaining to serious administrative lapses and financial irregularities in the functioning of the Institute. As a vindictive measure, the Director, Prof. Dr. Rajendra Prasad and the Jt. Registrar, Mr. P. R. Santhanam started victimizing the staff under various pretexts. Memos, warnings, etc. were issued to employees for the slightest imagined indiscretions. All efforts were made to gag the officers who dared to raise their voices against the maladministration being carried on the Director and Jt. Registrar. The attempted dismissal of Asst. Registrar Mr. C. Ramesh followed in the wake of these vindictive attacks.
The dismissal order was quashed by the Delhi High Court on 29 Jan 2014. The Court observed that the VPCI Governing Body did not have the power to institute or effect any disciplinary action against any employee. This followed from the fact that all VPCI employees are appointed by the University (DU) and as such under Rule 69 of the University Non-teaching Employees (Terms and Conditions of Service) Rules, 1971 (ref. 1971 Rules amended in 2013), disciplinary powers are vested with DU’s Executive Council unless they are expressly delegated. The Court found no general or special order issued by the Executive Council delegating its disciplinary powers to the VPCI Governing Body. Unlike other constituent or affiliated colleges of the Delhi University, wherein such powers have been vested with the Governing Bodies which are also the appointing authority, the VPCI Governing Body is only empowered to administer the day-to-day running of the Institute, while the University Executive Council is the sole appointing and disciplinary authority and reserves such rights for itself. It observed: “quite clearly, the Governing Body on its own cannot hold a meeting and, thereby, confer a power upon itself, which the executive Council has not conferred on it” [p. 8 of Judgment on WP©2110/2013]. Consequent to the quashing of C. Ramesh’s dismissal order, the Court ordered his immediate reinstatement in the post of Asst. Registrar.
Instead of reinstating him, the VPCI Governing Body was misled by the Director into submitting a Review Petition in the Court. Till date, Mr. Ramesh is waiting for justice to be secured for him. He continues to be under illegal dismissal in brazen Contempt of Court.
Next, the vengeful attitude of the Director and Jt. Registrar was evidenced in August 2013, when a disciplinary inquiry was instituted by the VPCI Governing Body against the other Asst. Registrar, Mr. Ajit K. Ghosh. Mr. Ghosh had spoken up for his victimized colleague, Mr. Ramesh and had also helped him during the Court proceedings. The DUTA is absolutely clear that this became the grounds for the disciplinary inquiry against him. Set up to inquire into a flimsy charge of false Rent-Receipt, the inquiry was conducted in a shoddy and suspect manner by Inquiry Officer Mr. Inder Singh (Retd. Dty. Secy./CDI, Central vigilance Commission) who himself was appointed unilaterally by the Director. The chargesheet was framed under the 1971 Rules while it was arbitrarily amended to refer to 2013 Rules after the lapse was pointed out to them by Mr. Ghosh.
The Inquiry Officer conducted an ex-parte inquiry in which Mr. Ghosh was not present. Though he was present in office, he was not informed about the inquiry session and was not given the opportunity to defend himself. Further, his demand for C. Ramesh as Defense Assistant was not acceded to, in violation of the norms of statutory inquiry.
Based on the inquiry report submitted on 23.6.2014, the VPCI Governing Body ordered Mr. Ghosh’s dismissal although even under the amended and new Rules (2013), still no disciplinary powers had been delegated to it. While this gross injustice against Mr. Ghosh has been reported to all senior officials and Executive Council members by elected teachers’ representative in the EC, Dr. Abha Dev Habib, no intervention has been made to reverse the dismissal order or to put an end to the harassment faced by Mr. Ghosh.
The VPCI has no Asst. Registrar at present. Although there are four sanctioned posts for Asst. Registrar, all of them are lying vacant.
The DUTA is appalled at the perversion of rules and procedure by the VPCI Governing Body, as is evidenced in these two cases of victimization. Such desperate lapses can only indicate foul-play and malafide intent on the part of the officials and administrators who are responsible for the functioning of the Institute. The DUTA demands immediate reversal of the dismissal order against Mr. Ghosh and the reinstatement of both the Asst. Registrars. The DUTA expresses solidarity for both these whistleblowers of corruption and urges DU to institute an independent inquiry into the charges of maladministration and financial irregularities raised against the functioning of the Jt. Registrar and Director. It warns the VPCI Governing Body that it will be forced to contemplate direct action and agitation if justice is not secured for these two officers at the earliest.
| NANDITA NARAIN President, DUTA |
ANITA GHOSH Jt. Secretary, DUTA |
https://duta.live
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