As per case facts, Dr. Neeraj Kumar, an Assistant Professor at NIPER, was subjected to disciplinary proceedings and ultimately compulsory retirement following his objections to the constitution of a Selection ...
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [1]
IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH
Sr. No.479
(1) LPA-1067-2015(O&M)
Dr. Neeraj Kumar ......Appellant
Versus
National Institute of Pharmaceutical Education & Research (NIPER) and
others .....Respondents
(2) LPA-1981-2016(O&M)
Dr. Neeraj Kumar ......Appellant
Versus
National Institute of Pharmaceutical Education & Research (NIPER) and
others
.....Respondents
Date of Decision: 06.11.2025
CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA
HON'BLE MR. JUSTICE ROHIT KAPOOR
Present Appellant-Dr. Neeraj Kumar in person.
Mr. Alankrit Bhardwaj, Advocate for respondent-National
Institute of Pharmaceutical Education & Research (NIPER).
Mr. D.S. Patwalia, Senior Advocate assisted by
Ms. Shehar Navjeet Singh, Advocate as Amicus Curiae.
****
ASHWANI KUMAR MISHRA, J. (Oral)
1. These abovesaid two appeals have been heard at length by us
on different occasions from time to time and on our request Mr. D.S.
Patwalia, Senior Advocate has assisted this Court as Amicus Curiae. This
was necessary as the appellant-Dr. Neeraj Kumar was appearing in person
and was not familiar with procedures and laws. Accordingly, the appeals
are heard with the assistance of the Amicus Curiae.
2. When the matter was heard on 19.09.2025, this Court passed
the following order:-
“
This matter has been heard at some length. Shri D. S. Patwalia,
learned Senior Counsel has appeared as Amicus Curiae on the
request of the Court and has placed facts at length. Prima facie, we
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [2]
are of the view that impugned action of the NIPER has caused
injustice to the appellant. One of the primary reason for our coming
to this conclusion is that out of five charges, which formed the basis
of impugned action of compulsory retirement as a means of
punishment, the only substantial charge against him is of harassing
the Scheduled Caste (SC) student. It has come on record that the
concerned SC student has, in fact, stated that he has no grievance
against the appellant and he has also completed his PhD (Doctor of
Philosophy) under the appellant. It has also come on record that the
SC student has in fact filed a writ petition against the Head of
Department (HOD) making allegations against him. It is the same
HOD who was the complainant in the other four charges levelled
against the appellant.
The Grievance Redressal Mechanism has already
found that the charges against the appellant did not merit any action.
Respondent(s)-NIPER, however, has taken a stand that the forum of
Grievance Redressal itself was not competent to go into this issue.
We are not much impressed by such stand of the
respondent(s)- NIPER. It is at this stage that we deem it appropriate
to adjourn the matter as learned counsel for the respondent-NIPER,
on instructions from the Director, states that NIPER is willing to
reconsider the matter in its next Board meeting. He also informed
that a new Director has since joined. The Director also happens to
be the Chairman of BOD. We see no reason as to why the
Director/Chairman cannot examine the grievance of the appellant in
a just and fair manner without being influenced by the impugned
action. We also provide that the then HOD who is now a member of
the Board shall recuse himself from the proceedings of the Board
when this matter is taken up. This liberty is being granted to the
NIPER as the Court would not like to interfere in the affairs of a
premier educational institution at the first instance and would give
an opportunity to the Institution to re-visit the matter, at its own
level.
Adjourned to 28.10.2025.
Counsel for the respondent(s)-NIPER shall produce the
decision taken by the Board in a sealed cover.
A copy of this order be placed on the file of connected
case.”
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [3]
3. Thereafter, when we heard the matter on 28.10.2025, this
Court passed the following order:-
After hearing counsel for the parties, the matter was
adjourned for today in order to enable the employer to re-visit the
matter, at its own level, in view of the observations made by this
Court.
Today, when the matter is taken up, learned counsel for
the respondent-employer points out that the matter was discussed in
the last meeting of the Board of Directors but no final decision could
be taken. Accordingly, he seeks adjournment on the ground that
some more time is likely to be taken for the purpose.
The prayer made by Shri Bhardwaj, on behalf of the
employer, is strongly opposed by the appellant, who appears in
person.
Mr. Patwalia, who is appearing as Amicus Curiae on
the request of the Court, is also of the view that the issues
highlighted ought to be addressed by the employer. He also submits
that considerable time has already been allowed to the employer for
such purpose.
Considering the above, we are of the view that the
respondent employer shall re-visit the matter, in terms of earlier
order, in the next Board meeting and place the decision before the
Court by way of an affidavit of the Director concerned. As we are
informed that 30th October, 2025 is the next date of meeting of the
Board of Directors, we direct that this matter be listed on
06.11.2025.
Photocopy of this order be placed on the connected
file.
4. Today, when the matter is taken up, Mr. Alankrit Bhardwaj,
learned counsel appeared for respondent-NATIONAL INSTITUTE OF
PHARMACEUTICAL EDUCATION & RESEARCH (hereinafter re ferred
to as ‘NIPER’), has placed before the Court minutes of meeting dated
30.10.2024 of NIPER, as per which, the Board has come to the conclusion
that the decisions previously taken in the matter do not require any
interference. In that view of the matter, we are left with no option but to
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [4]
proceed to examine the matter on merits.
5. Out of the above-said two appeals, LPA No.1067 of 2015,
arises out of an order passed by the Ld. Single Judge dated 22.04.2015 in
CWP No.25971 of 2013, whereby the learned Single Judge has dismissed
the said writ petition of the appellant by observing that it is not possible to
hold that the penalty awarded to appellant is grossly disproportionate to the
charges, so as to shock the conscience of the Court, thereby warranting
interference in exercise of power of judicial review.
6. In CWP No.25971 of 2013, the petitioner had challenged the
order dated 14.11.2013, annexed as Annexure P-24 with that writ petition,
passed by the Appellate Authority whereby the petitioner has been ordered
to be compulsorily retired while partly allowing the appeal and substituting
the punishment of removal from service awarded by the Director, National
Institute of Pharmaceutical Education & Research(NIPER), Sector 67, SAS
Nagar, Mohali, Punjab. The order passed by the Director, NIPER imposing
the penalty of removal from service as well as the charge-sheet dated
16.11.2011, issued to the appellant, were also impugned in this writ. The
enquiry report dated 28.01.2013, on the basis of which disciplinary action
has been taken against the appellant, was also a subject matter of challenge
in the writ.
7. So far as the other appeal i.e. LPA-1981-2016 is concerned, the
order under challenge herein is dated 26.08.2016, passed by the learned
Single Judge in CWP No.26368 of 2015. The prayer in the said writ petition
was to quash the order dated 08/13.09.2011, which is a communication to
the appellant that his case for renewal of contract in Career Advancement
Scheme shall be considered by a Special Committee and till such time, his
services will continue. The petitioner also laid challenge to the experience
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [5]
certificate issued to him on 14.08.2015, on the ground that the same is not
consistent with the resolution passed by the Board of Governors on
02.08.2011. The said writ petition has been disposed of by stating that the
issues raised therein do not survive for consideration, as the appellant no
longer an employee of the respondents. The writ court also observed that if
the petitioner succeeds in the earlier writ petition, he would always be at
liberty to approach this Court for necessary relief. Reserving this liberty and
also reserving liberty to the respondents to urge all the contentions, the writ
petition has been disposed of.
8. Since both the matters are in respect of the same appellant and
arise out of the same cause of action, therefore, both these two appeals have
been clubbed together and are being disposed of by this common judgment.
9. In order to deal with the controversy involved in the present
matter, it would be appropriate to refer to some of the background facts.
10. The appellant-Dr.Neeraj Kumar came to be appointed as
Assistant Professor on ad-hoc basis on 14.07.2003 in the respondent-NIPER
and his services were subsequently regularized for a period of five years on
contract basis w.e.f. 29.07.2003 vide order dated 22.07.2004. The period of
five years was satisfactorily completed by the appellant on 28.07.2008. The
claim of the appellant was that he became entitled to higher grade, but as the
Selection Committee was not formed, therefore, the appellant alongwith
other got extension as Assistant Professor for a period of six months or till
31.01.2010. The Selection Committee was ultimately constituted on
29.01.2009. The appellant was called for the interview and he was
examined. The recommendation of the Selection Committee however was
not immediately made known. It transpires that the appellant raised a
representation questioning the constitution of Selection Committee on the
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [6]
ground that such Selection Committee was not as per Clause 3.6 of the
NIPER Statutes. As would be apparent from the facts noticed hereinafter,
this objection to the Constitution of the Selection Committee has ultimately
led to series of actions culminating in the impugned action.
11. The respondent-NIPER has been established under the National
Institute of Pharmaceutical Education & Research Act, 1998 (hereinafter
referred to as “the Act”). A notification has been issued by the Department
of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilizers
Govt. of India on 30.10.2003, notifying the statutes of NIPER. Clause 3.6 of
the NIPER Statutes refers to the Selection Committee. The quorum has been
specified as 50% of the total strength of the members. In addition, the clause
provides that Selection Committee for appointment to the posts specified
shall be prescribed in the table appended the NIPER Statutes. The Selection
Committee for Assistant/Associate Professor consists as under:-
“3.6 Selection Committee
Quorum:50% of the total strength of the members in addition to the
chairman.
There shall be selection committees for making recommendations for
the appointment to the post of the Professors, Associate Professors.
Assistant Professors, Registrar, Principal Library and Information Officer,
Principal Scientific Officer and other posts. The Selection Committee for
appointment to the posts specified in column 1 of Table 1 below shall
consist of the persons specified in the corresponding entry in column 2.
TABLE
(1) (2)
Professor/Associate
Professor/Assistant Professor
-Chairman: An eminent
Scientist/Academician/Professional/
Technologist nominated by the Board.
-One academician scientist of repute
nominated by the Board.
At least two external experts in the
respective specialization to be nominated
by the Director.
-Director, Ex-officio.”
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [7]
12. The objection of the petitioner in the representation was that
in addition to the members of the Selection Committee specified in Clause
3.6 of NIPER Statutes, two other persons had also participated in the
Selection Committee, namely, Professor Saranjeet Singh, Dean and
Professor Arvind Kumar Bansal, Head of the Department. The
representation submitted by the petitioner came to be rejected by a
Committee of NIPER vide order dated 21.12.2009, wherein it was
admitted that persons in addition to Clause 3.6 had participated in the
Selection Committee. The Committee was of the view that when the
Selection Committee met it, also had the members of Contract Review
Committee and, therefore, the Dean and Head of Department also
participated. The Committee which rejected the objection of the appellant
consisted of officers other than the members of Selection Committee.
Importantly, it transpires that the Selection Committee had in fact
recommended the renewal of term of the appellant by a period of five
years. The Selection Committee had also recommended promotion of the
appellant to the Associate Professor from the post of Assistant Professor.
The recommendation of the Selection Committee came to be considered
by the Board of Governors in its 54
th
meeting. The recommendation of the
Selection Committee was in respect of the 12 faculty members including
the appellant. The Board of Governors in its meeting dated 02.08.2011
decided to implement the recommendation of the Selection Committee in
respect of 10 out of those 12 members excluding the appellant and one
Dr.Parikshit Bansal. According to the appellant this was on account of
malice on part of the then Dean and the Head of Department, whose
inclusion in the Selection Committee had been objected to by the
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [8]
appellant with which they felt annoyed.
13. The respondent-Institute intimated the appellant that the
recommendation of the Selection Committee with regard to renewal of
contractual appointment and promotion under Career Advancement
Scheme will be reviewed by a Special Committee and till such time his
services will continue. In this communication of the respondent dated
8/13/09/2011, the appellant was only informed that his services will
continue but no reference was made to the recommendation of the
Selection Committee which earlier met on 29.10.2009 and had
recommended the promotion and renewal of appellant.
14. The appellant challenged the decision of the Board of
Governors dated 02.08.2011 by filing writ petition No.19277 of 2011,
which ultimately came to be dismissed as having become infructuous. It
further transpires that on 10.11.2011, a complaint was made by the
appellant alleging violation of the NIPER Statutes in appointing the
Registrar of NIPER. What followed thereafter was that the appellant filed
yet another writ petition i.e. CWP No.18789 of 2011, challenging the
re-constitution of the Senate on the ground that NIPER Statute was not
followed.
15. The writ petition filed by the appellant questioning the
constitution of Senate came to be allowed by the learned Single Judge of
this Court on 07.12.2012, after referring to the provisions contained in the
Act and the Statutes. Learned Single Judge held that the constitution of
Senate of NIPER was not as per the provisions of the Act and the same
was required to be re-notified after making necessary corrections. A
further direction was issued to the respondent-Institution to follow the
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [9]
directions as a rule while dealing with their officials.
16. The appointment of Registrar of NIPER challenged in CWP
No.4658 of 2012, filed by Dr. Parikshit Bansal and the appellant, came to
be quashed by the learned Single Judge vide order dated 30.11.2012.
17. Aggrieved by the orders of the learned Single Judge setting
aside the constitution of Senate and the appointment of the Registrar, the
respondent-NIPER filed LPAs, including an LPA filed by the Registrar.
LPA-682-2013 arising out of the judgment of the learned Single Judge,
setting aside the constitution of the Senate came to be disposed of in view
of the stand taken by the respondent-NIPER that Board of Governors had
decided to implement the judgment of the learned Single Judge. The order
passed by the Division Bench in LPA-682 of 2013, dated 29.05.2013, is
reproduced hereunder:-
“1. Learned counsel for the appellants states that the issue
raised in the letters patent appeal has been considered by the Board of
Governors and principally, it has been decided to implement the
judgment of the learned Single Judge.
2. In view thereof, he states that the appeal has been
rendered infructuous and may be disposed of as such. However, it has
been stated that if may be kept open to the appellants to file an
application for revival of the appeal in case the instructions so received
by him are not correct.
3. Ordered accordingly.”
18. The LPA filed by the respondent-NIPER, challenging the
setting aside of the appointment of the Registrar was dismissed as
withdrawn, while the appeal filed by the Registrar was allowed vide
judgment and order dated 03.05.2023.
19. We are further informed that on the basis of the complaints
made by Dr. Parikshit Bansal and also the appellant with regard to
illegalities committed by the officials of respondent-NIPER, a CBI probe
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [10]
was ordered in the affairs of the Institution vide first information report
registered by CBI on 14.01.2016 at Police Station Chandigarh bearing
No.RCC-HG/2016/A/0005. The complainant in this FIR was Dr. Parikshit
Bansal. While the investigation was going on, the services of Registrar
were regularized on 12.04.2017 on account of the interim protection
granted in the LPA allowing the Registrar to continue.
20. Reference to the above facts is necessitated in order to
appreciate the appellant’s contention that impugned action against him
was actuated by malice apparent on face of record and only because
lawful grievances were raised by him against the management by moving
representations and filing of writ petitions that the impugned action was
taken against him.
21. The initiation of proceedings against the appellant emanates
from the complaints made by Dr. A.K. Bansal, Professor and Head of the
Department, Pharmaceuticals NIPER dated 11.02.2009, 29.02.2009,
16.07.2010, 06.08.2010 and 24.11.2010. What is worth mentioning is that
all these complaints have come into effect after the meeting of the
Selection Committee was held on 29.10.2009 and recommendation was
made for extending the term of appellant and also his promotion to the
post of associate Professor. Till such time, the meeting of the Selection
Committee was held, there was not even a single complaint against the
appellant by anyone, including Dr. A.K. Bansal. It is in this context that
the representation made by the appellant, regarding constitution of the
Selection Committee on the ground that such Committee was not in terms
of Clause 3.6 of the NIPER Statutes assumes significance.
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [11]
22. The complaints made by Dr. A.K. Bansal, Head of the
Department of Pharmaceuticals, ultimately led to initiation of disciplinary
action against the appellant in which the appellant was charged with
following five Charges/Articles:-
“Charge-1
(Article 1) That Dr. Neeraj Kumar while working as
Assistant Professor in National Institute of Pharmaceutical
Education & Research (NIPER), Sector-67, S.A.S. Nagar (Mohali),
Punjab-160062 used unacceptable and derogatory words against
seniors thus indulging in insubordination and misbehavior thereby
contravening the provisions of Rule 3(1) (iii) and 3 A(a) of the
CCS(Conduct) Rules, 1964 as made applicable to NIPER.
Charge-2
(Article 2) That Dr. Neeraj Kumar while working as
Assistant Professor in National Institute of Pharmaceutical
Education & Research (NIPER), Sector-67, S.A.S. Nagar (Mohali),
Punjab-160062 refused to allow benefit of departmental course PE-
620 and PE-820 to Pharmaceuticals Ph.D. students thus violating
Rule 3(1) (iii) of the CCS(Conduct) Rules, 1964 as made applicable
to NIPER.
Charge-3
(Article 3) That Dr. Neeraj Kumar while working as
Assistant Professor in National Institute of Pharmaceutical
Education & Research (NIPER), Sector-67, S.A.S. Nagar (Mohali),
Punjab-160062 was responsible for harassment of one Scheduled
Caste student Mr. Prasad Pawar, thus violating Rule 3(1) (ii) and
3(1) (iii) of the CCS(Conduct) Rules, 1964 as made applicable to
NIPER.
Charge-4
(Article 4) That Dr. Neeraj Kumar while working as
Assistant Professor in National Institute of Pharmaceutical
Education & Research (NIPER), Sector-67, S.A.S. Nagar (Mohali),
Punjab-160062 threatened Prof. A.K.Bansal, Head, Department of
Pharmaceuticals of dire consequences thus contravening Rule 3(1)
(ii) and 3(1) (iii) of CCS(Conduct) Rules, 1964 as made applicable
to NIPER.
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [12]
Charge-5
(Article 5) That Dr. Neeraj Kumar while working as
Assistant Professor in National Institute of Pharmaceutical
Education & Research (NIPER), Sector-67, S.A.S. Nagar (Mohali),
resorted to unacceptable behavior, insubordination, vitiating the
atmosphere of the department, disrupting academic activities and
levelling false and baseless allegations against seniors thus
contravening Rule 3(1) (ii) and 3(1) (iii) of CCS(Conduct) Rules,
1964 as made applicable to NIPER.19.”
23. The inquiry against the appellant has been conducted by one
Shri B.L. Jangira, wherein except for charge no.4, all other charges were
found proved against the appellant. The inquiry report dated 28.01.2013 is
on record as Annexure P-17.
24. So far as the first article of charge against the appellant of
indulging in insubordination and misbehavior thereby contravening the
provision of the CCS (Conduct) Rule, 1964 is concerned, the basis of
such charge is the complaint made by Dr. A.K. Bansal. The charge of
insubordination, referred to above, was based upon an e-mail sent by the
appellant dated 28.06.2011 wherein the appellant allegedly used
unacceptable and derogatory words against the senior officers. The e-mail
sent by the appellant dated 28.06.2011 is on record wherein the appellant
had raised various grievances against the respondent-NIPER and
contained following expression:-
“It is very shameful that so-called top officers……..”
25. The entire basis for the first charge against the appellant is the
contents of the aforesaid e-mail. Apparently, the appellant had raised
objection to removal of one Dr. Nilanjan Roy from the post of Associate
Professor and since the action of the respondent-NIPER was not as per
law, as such, the appellant stated that the action of the senior officers of
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [13]
respondent-NIPER was shameful. It is this charge which constitutes one
of the basis for taking the action of removal against the appellant.
26. So far the second charge is concerned, the allegation was that
the appellant had refused to allow the benefit of departmental course
PE-620 and PE-820 to Pharmaceutics, Phd. Students. In respect of this
charge, the appellant had contended that none of the Phd. Students had
ever raised any such grievance, nor any Phd. Students had come forward
to support such accusation during the course of departmental enquiry.
Notwithstanding the same, the charge was treated to have been proved.
27. Before referring to charge no.3, we deem it appropriate to
take note of Charge No.5, which again is with regard to unacceptable
behavior, insubordination and vitiating the atmosphere of the department,
resulting in destruction of academic ethics. The basis of this charge is also
the complaint of the Head of Department, Professor A.K. Bansal. What
was relied upon by respondent-NIPER in support of this charge was yet
another e-mail sent by the appellant wherein he had raised grievance
against the institute.
28. Article No.3 of the statement of charge relates to allegation of
harassment of one scheduled caste student, namely, Mr. Prasad Pawar. In
respect of this charge, it is worth noticing that the student Mr. Prasad
Pawar never made any complaint against the appellant and he had
submitted an affidavit on 06.02.2012, clearly denying the substance of
charge levelled against the appellant with regard to harassment meted out
to him. As a matter of fact, Mr. Prasad Pawar had submitted his Ph.D
thesis under the supervision of the appellant and the same was ultimately
accepted also. Mr. Prasad Pawar had also filed a writ petition i.e. CWP
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [14]
No.25363 of 2014 making serious accusations against Dr. A.K. Bansal,
the then Head of the Department.
29. In the writ petition, Mr. Prasad Pawar had alleged that on
account of harassment meted out to him by Dr. A.K. Bansal, he could not
submit his Ph.D thesis and this Court extended the time for submission of
the thesis. It is thereafter, that the thesis of Mr. Prasad Pawar was
submitted under the supervision of the appellant.
30. Notwithstanding the fact that the complainant himself had
submitted an affidavit which clearly exonerating the appellant of the
charges levelled against him, with regard to harassment meted out to Mr.
Prasad Pawar, as well as the fact that his thesis was submitted under the
appellant’s supervision and the writ petition was actually filed against the
complainant Dr. A.K.Bansal, yet in the enquiry proceedings, this charge is
found to be proved against the appellant.
31. When the articles of charge are taken in its entirety and the
evidence is considered in the light of the peculiar facts of the present case,
where the appellant had made various complaints and made representation
against the action of Dr. A.K.Bansal, we find that the report of the enquiry
officer and the decision of NIPER to impose major punishment upon the
appellant was wholly uncalled for and was bereft of any legally
sustainable material.
32. Although, Mr. Bhardwaj, learned counsel appearing for the
respondent-NIPER has attempted to invite our attention to the enquiry
report in order to submit that apart from Professor A.K.Bansal, other
faculty members had also deposed in the enquiry against the appellant,
but we are not inclined to give much weightage to such submission of
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [15]
learned counsel, inasmuch as, in the facts of the case, we find that the
complaints against the appellant were essentially lodged by the Dr.
A.K.Bansal, soon after the appellant had challenged his action. The facts
of the case record shows that many of the actions of the respondent-
NIPER, were found to be in teeth of the applicable provisions and the
constitution of Senate was also set aside by this Court. The complaints
made by the appellant alongwith Dr. Prakshit Bansal also resulted in
initiation of CBI probe and led to lodging of an FIR by the CBI.
33. There is enough material on record to show that the appellant
had been objecting to the action of the respondent-NIPER, on the ground
of it violating the provisions of applicable law. The complaints made by
the appellant were found to have substance and many of such actions
were also set aside by the Court. This is clearly reflected from the
following material:-
(i) Clause 3.6 of the NIPER Statute provided for constitution
of the Selection Committee which consisted of 05 members but in fact seven
members had participated. It is, therefore, clear that the constitution of the
Selection Committee was not in terms of the statutes. No exception,
therefore, could have been taken by the respondents to the representation
made by the appellant questioning the constitution of the Selection
Committee.
(ii) The constitution of the Senate was also challenged by the
appellant by filing the writ petition in the year 2011, which ultimately came
to be allowed and the respondents had to reconstitute the Senate.
(iii) Till the time, such representation was made by the appellant
neither there existed any complaint with regard to his working nor any
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [16]
accusation was otherwise made against him.
(iv) Charges levelled against the appellant have otherwise been
examined by us on merits and we find that the conclusions drawn by the
respondents holding the appellant guilty in respect of charges levelled
against him are wholly unsustainable for the following reasons:-
(A) So far as the charge of harassment against Mr. Parsad
Pawar is concerned, there was no accusation by him and rather Mr.
Parsad Pawar had submitted an affidavit clearly exonerating the
appellant of the accusation made against him. Mr. Parsad Pawar had
also not appeared in the inquiry to support the charge. We are
shocked to note that when the complainant himself had exonerated the
appellant of the charge of harassment and had actually accused the
Head of Department Dr. A.K. Bansal, how and on what basis, the
appellant could have been held guilty of charge No.3.
(B) So far as the charge of refusal to allow benefit of
departmental course to Ph.D students is concerned, none of the Ph.D
students had ever come forward to support such charge during the
course of inquiry. Even in its absence, the Inquiry Officer has
proceeded to prove the charge.
(c) In respect of Article Nos.1 and 5, we have already
noticed that the only basis to implicate the appellant was Dr. A.K.
Bansal, Head of the Department, whose inclusion in the Selection
Committee was objected to by the appellant. Interestingly, the only
other person to support the charge of insubordination is Prof.
Saranjeet Singh, whose inclusion in the Selection Committee was also
objected to by the appellant. Even otherwise, we find that the
accusations contained in Article Nos. 1 and 5 relying upon the email
sent by the appellant was not serious enough to even warrant
imposition of a minor punishment much less any major punishment
when otherwise there existed no material to support such charge. It
appears that the senior officers of the respondent-NIPER were
enraged against the appellant, as he had acted as a whistle-blower
and had objected to the actions of the respondent-NIPER in breach of
applicable provisions of law.
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [17]
34. We are persuaded to take such view as we find that till the time
when the appellant raised the objections against the constitution of the
Selection Committee, there were no accusations ever made against him.
What is unusual to note is that though the Selection Committee had
recommended the extension of the appellant and also his promotion, but
such recommendation was not accepted by the Board of Governors
apparently, as in the intervening period complaints made by the appellant
had come to the knowledge of the respondent-NIPER resulting in non-
acceptance of the recommendations of Selection Committee.
35. We are further pained to note that even after the order of
termination was passed against the appellant by the Director, Rapid
Grievance Redressal Committee was constituted to look into the grievance
of the employees and ex. employees, where the appellant also raised his
grievance. The Rapid Grievance Redressal Committee examined the
grievance of the appellant and made the following conclusions and
recommendations in its report:-
“Conclusions and recommendations:-
“It is, therefore, suggested that appropriate authority may re-
consider the decision to resolve the grievances by implementing the
recommendation of the expert committees dated 29.10.2009 i.e. the
expert committee recommended to renew his contract and also
recommended for promotion to the post of Associate Professor, in
order to meet the ends of justice and to boost the confidence of the
staff especially the faculty members. Further though the committee
mentioned that the charges levelled against Dr. Neeraj Kumar are
not strong enough to invoke major penalty clause under disciplinary
rules and not have been proved with evidence as the conclusion of
the enquiry officer. Thus, a proper justice will be met by
implementing the expert committee recommendations and
accordingly the decision may be taken by the appropriate authority
on these issues.”
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [18]
36. The recommendation of the Rapid Grievance Redressal
Committee has also not been followed by the respondent-NIPER on the
ground that the redressal Committee had transgressed its authority. The
redressal Committee has also been disbanded. This shows the utter hostility
worn by the senior officers of respondent-NIPER against the appellant and
all sensible voices have been rudely crushed.
37. When the matter was heard on the previous occasion by us, we
found that the charges levelled against the appellant were not sustainable,
but as the respondent-NIPER is a premier institute, we extended an
opportunity to the institution to make a dispassionate assessment of
appellant’s claim afresh, so that, no injustice is meted out to him. Repeated
opportunities have been extended by this Court, in this regard which have
fallen on deaf ears and an adamant approach still prevails on part of the
respondent-NIPER. It is in this context that we are called upon to adjudicate
the matter on merits.
38. We may, at this stage, note that though serious allegations are
made in the writ petition against the Head of the Department and the dean,
however they have not been impleaded in their personal capacity, as such,
we do not wish to say any further on the conduct of the officer(s). However,
we find that malice in law is apparent on record and, therefore, we cannot
shut our eyes to the gross injustice meted out to the appellant. The order of
termination passed on the basis of the inquiry report by the Director,
therefore, cannot be sustained for the reasons recorded herein above. The
punishment was, otherwise, modified to compulsory retirement by the
appellant authority, which too cannot be sustained for the reasons recorded
hereinabove.
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [19]
39. In the facts and circumstances of the case, we find that none of
the charges were even remotely proved against the appellant and, therefore,
the punishment of compulsory retirement is also unsustainable. The first
LPA succeeds and is accordingly allowed. The judgment of learned Single
Judge dated 22.04.2015 is set aside. The writ petition filed by the appellant
i.e. CWP No.25971 of 2013 is consequently allowed. The punishment order
passed by the appellate authority of compulsory retirement is set aside. The
appellant is directed to be reinstated in service forthwith. Since the Statutes
initially provided only for contractual appointment, but all other faculty
members have been allowed to continue, consequent upon amendment in the
Statutes permitting such employees to continue till the age of
superannuation, as such, the appellant shall be reinstated forthwith and shall
be allowed to continue on the post of Assistant Professor. The claim of the
appellant for further promotion to the post of Associate Professor and,
thereafter, Professor will also be accorded consideration in terms of the
Statutes by treating his working to be continuous and uninterrupted.
However, as the appellant has actually not worked, he would not be entitled
to any salary for such period.
40. In the facts and circumstances of the present case, we also
impose a costs of Rs.10 Lacs upon the respondent-NIPER, to be paid to the
appellant, for the unjust treatment meted out to the appellant, which has
caused harassment and victimization for the appellant for a period of nearly
10 years. It will be open for NIPER to conduct an enquiry and fix
responsibility in the matter and recover the cost from the person responsible.
We also record our appreciation for the valuable assistance rendered to the
Court by Mr. D.S. Patwalia, Senior Advocate(Amicus Curiae) assisted by
Ms. Shehar Navjeet Singh, Advocate.
LPA-1067-2015(O&M) and LPA-1981-2016 (O&M) [20]
41. Pending application(s), if any, is/are also disposed of
accordingly.
42. A photocopy of this order be placed on the file of another
connected case.
[ASHWANI KUMAR MISHRA]
JUDGE
[ROHIT KAPOOR]
JUDGE
November 06, 2025
Anjal/Rajesh
Whether speaking / reasoned : Yes / No
Whether Reportable : Yes / No
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