Chandigarh: In a quick turn of events, the Hon’ble High Court today set aside the suspension of the NIPER Director, Dr. R. Rao Akkinepally, terming the same as “illegal’ and ‘malafide’.
Puneet Bali, Senior Counsel for Prof. A.R.Rao informed the Hon’ble High Court that Dr. Rao had been suspended by the Board of Governors for not revoking the suspension of PJP Singh Warraich, Registrar, NIPER. He highlighted the fact that Warraich is booked by CBI on corruption charges and FIR is lodged against him. Further, initial appointment of Warraich which was for only 5 years w.e.f. 2011 onwards was set aside by the Hon’ble High Court in 2012, but he continued under the garb of ‘stay’ granted by the High Court. Subsequently, it was clarified by the High Court in 2018 that stay was not beyond the contract period due to which Warraich was removed from job and Ministry also accepted that.
Hence, taking action against a Dr. Rao for removal of Warraich was not justified. Bali also elaborated in detail other charges of ‘misconduct’ which included a trip to Japan which was allegedly without permission. However, same was widely covered in media and highlighted as achievement of Indian Delegation led by Prime Minister. Another charge of alleged misconduct by Dr. Rao was of approaching the High Court against the revocation of the suspension of PJP Singh Warraich by the BOG Chairman, Dr. V.M.Katoch. Bali argued that exercise of fundamental rights by an individual could not be termed as ‘misconduct’ under any circumstances. Further, Bali also highlighted the fact that Director being an appointee appointed by the Visitor (President of India) and not an employee was not governed by the CCS Conduct Rules, though inquiry could be initiated against him by the Visitor.
Accordingly, in case of suspension also, the appropriate show cause notice should have been approved by the Visitor, which was not done. Lastly, even though the earlier suspension dated 24th September, 2018 had been stayed by the Hon’ble High Court till 30th October, Dr. Rao while on suspension was again suspended on 29th October, 2018 by the Ministry, citing approval of the Visitor, making a mockery of the stay already granted.
In its response, NIPER Counsel, J.S. Puri submitted that BOG with the previous approval of the Visitor was the appointing authority of NIPER Director and hence had the power to suspend him. Further, the Ministry also had the power to intervene under transaction of business powers, vested with the Govt. of India. After second suspension of Dr. Rao on 29-10-2018, Additional Charge of Director, NIPER was given to Dr. Flora, Director, NIPER, Rae Bareilly (UP).
After hearing both parties, Hon’ble Justice P.S. Dhindsa observed that the order of suspension without the approval of the Visitor was invalid and hence deserved to be quashed. In view of the hurried manner in which suspension was carried out second time, one day before the case was to come for hearing before the Hon’ble Division Bench of Chief Justice, it was clear that the same was malafide and hence order of suspension was set aside.
Dr. Rao when contacted expressed his satisfaction that ‘Justice is done’.
It is relevant to mention that the present BOG, led by Chairman Dr. V.M.Katoch is already under challenge in the Hon’ble Court, as being illegal and in violation of the NIPER Statutes, since it does not have 3 Members of Parliament- 2 from Lok Sabha and 1 from Rajya Sabha as stipulated in the NIPER Act.