Wednesday 19 September 2012

Administrative Allegations: Director NIPER failed to answer in Requisition Meeting on 21st July, 2012.



On March 30 2012 DR. JANARDHAN WAGHMARE asked Minister of CHEMICALS AND FERTILIZERS whether serious allegations of corruption has been made on the website Blog “Biped against Corruption” on the financial and management lapses at National Institute of Pharmaceutical Education and Research (NIPER), Mohali and what action Govt. taken about it. Purebred by the issue, four members of BOG called a requisitioned meeting under the clause 3.1.3 (b) on 28th May, citing the Rajya Sabha question No 1912 and mentioning breakdown of system and procedure at NIPER Mohali. 25 plus specific questions of BOG members related to Financial and Administrative lapses of officiating director K. K. Bhutani were submitted to the Chairman BOG well in advance.However instead of answering the question  officiating director K. K. Bhutani submitted six pages of emotional fib. The only defense he could put up "three tented faculty members defaming NIPER globally. 

Part II


To,
Chairman BOG,
NIPER

29 June 2012
Dear Dr. Katoch,

I am in receipt of your letter no. Secy(DHR)/BoG/NIPER/2012 dated 21.06.2012 informing the postponement of the Requisition Meeting under para 3.1.3(b) of the NIPER Statute requested on  28th May 2012.  I can understand that due to pre-occupation, the Requisition Meeting is scheduled to be postponed and the new date fixed is 21st  July, 2012.

The essence of requisition is not fulfilled as per the Act in case of delay and the purpose of extra ordinary meeting is lost.  In continuation of my earlier letter dated 17.05.2012. I further emphasize that both writer of the blog should be called in the meeting to present and authenticate the articles published in the blog. Moreover both writer of the blog and responsible persons of Niper administration should be asked to make/reply to charges backed by affidavit along with pre- resignation letters, if any statement is found false, so that the exercise of the BOG becomes an authentic document for the disposal by the Board maintaining neutrality and objectivity.

Please ensure that the background papers, along with certified supporting documents by NIPER Administration are made available to the BOG Members at least seven days in advance before the schedule of Meeting on 21st July, 2012.



GUIDING FACTORS:

Administrative Allegations:

1.     NIPER BOG has statutory powers to adjudicate upon grievances of the employees of the institute under clause 3.1.2.(j) reproduced below:
“3.1.2 Functional Powers of the Board: (j) to entertain, adjudicate upon and if thought fit, to redress any grievance of the employees of the institute.”

2.     Para 19 of the judgment CIVIL APPEAL NO. 1272 OF 2011,
“Therefore, it is a settled legal proposition that no person can be appointed even on a temporary or ad hoc basis without inviting applications from all eligible candidate. If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board etc, that will not meet the requirement of Article 14 and 16 of the Constitution.  Such a course violates the mandates of Articles 14 & 16 of the Constitution of India as it deprives the candidates who are eligible for the post, from being considered.  A person employed in violation of these provisions is not entitled to any relief including salary.  For a valid and legal appointment mandatory compliance of the said Constitutional requirement is to be fulfilled.  The equality clause enshrined in Article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit.”,

3.     Clause no. 10 of NIPER act is the Guiding principle of teaching as reproduced bellow:
“All teaching at the institute shall be conducted by or in the name of the institute in accordance with the statutes and the Ordinance made in this behalf.”    



Sl No
Acquisition/ Anomalies/ Irregularities presented in the blog “A Biped Against Corruption”
Date of Publication in blog
Rebuttal of NIPER to be sought on the allegations, point-wise  with supporting documents/file  as under to be provided to BOG members, countering the allegations.
14.
Corrupt CVO, DoP initiated inquiry of whistle blower based on anonymous letter
An undated anonymous letter written by NIPER stuff members (read GANG OF FOUR) written to "The Honorable President of India" New Delhi on the subject: Detonation of academic environment at National Institute of Pharmaceutical Education and Research (NIPER), SAS Nagar (Mohali) Punjab Corrupt IAS officer ordered inquiry based on anonymous letter. Despite of the clear guide line fron CVC how to deal with anonymous pseudonymous letters and Joint secretary Department of Pharmaceutical Arun Jha, IAS ordered inquiry against whistle blower Dr. Nilanjan Roy, Associate professor of NIPER. Though the undated anonymous letter written by NIPER staff complained about Mr. Lalit Kumar Jain, Member NIPER Board of Governors as well as Finance committee and officiating Director K. K. Bhutani, regarding funneling out huge sums of money only Nilanjan Roy is singled out by  Joint secretory Department of Pharma-ceutical Arun Jha, IAS
MONDAY, 27 FEBRUARY 2012
&
WEDNESDAY, 23 MAY 2012
1.     Copy of the anonymous letter
2.     Copy of NIPER response
3.     Copy of all correspondence of officiating director with ministry
4.     Copy of all responses of the ministry
5.     Reason why Dr, Nilanjan Roy was singled out
6.     Inquiry report if any to find out the source of anonymous letter

15
Charges against Dr. Nilanjan Roy based on which dismissal is ordered.
Based on the fictitious inquiry report conducted by prejudiced inquiry officer, current officiating director imposed penalty of dismissal from service vide order no F.1-16(8)/2011/Estt./343 Dated 20/04/2012 and withdrawal of facility by subsequent office order no F.1-16(8)/2011/Estt./323 Dated 20/04/2012 with immediate effect.
Punishment imposed by officiating director on Dr. Roy is ridiculous to the charges fabricated. Dismissal generally ordered for gravest of the grave act like dowry death, rape or disproportionate asset worth crores of rupees.
THURSDAY, 10 MAY 2012

1.     charge sheet of Dr. Nilanjan roy
2.     Inquiry report
3.     Recommendation of inquiry officer
4.     Documents based on which the dismissal is ordered
5.     Proceeding of hearing with Chairman BOG
6.     Order of Chairman BOG if any

16
Ek Doctor Ki Maut
Fate of whistleblower @NIPER: the poor guy with wife and two sweet little girls denied further tenure from NIPER and out of job for six years for the following sins.....................
Biggest Sin of all he hurt a BIG FAT EGO TOO!!!
NIPER Prof denied prestigious fellowship on plagiarism charges - Indian Express

TUESDAY, 11 OCTOBER 2011


&
WEDNESDAY, 12 OCTOBER 2011

1.     Ombudsman committee report for Animesh Roy
2.     Documents showing implementation of BOG resolution for Dr. Animesh Roy
3.     Recommendation of  Ombudsman committee for UC Banerjee, HOD
4.     Documents showing implementation of BOG resolution for UC Banerjee.
5.     All the Record for pertaining to TATA Innovation fellowship recommendation and DBT communication with NIPER regarding cancellation of fellowship
6.     Original Minutes Books of  BOG meetings
17
Laurels of Officiating director @NIPER in 2011

Any officiating Director cannot hold the office for more than one year, as per “Not exceeding a total period of one year” provision of NIPER STATUTES. Current officiating director started office on 01.01.2010 thus his term was over on 01.01 2011.  After that he is clinging to the chair illegally. Though the present officiating director failed to get any order/direction supporting his current status from BOG/Visitor he managed to get the following six laurels for NIPER since April 2011 few more are in pipe line.

CWP       6810       2011       NILANJAN ROY                   NIPER AND UOI     Memo & Inquiry
CWP       11538     2011       AVTAR SINGH                     NIPER AND ANR    Pensionary benefit
CWP       18789     2011       NEERAJ KUMAR & ANR.   NIPER AND UOI     Senate and degree
CWP       19277     2011       NEERAJ KUMAR                  NIPER AND UOI     Selection committee   
CWP       21402     2011       PARIKSHIT BANSAL           NIPER AND UOI     Selection committee
CBI                          2011     Registered a case for 11th five year plan money embezzlement
THURSDAY, 17 NOVEMBER 2011

1.     Copies of writ petition for all cases
2.     Copies of reply filed by NIPER in all cases
3.     Item wide detail of cost due to these litigation for advocates, consultants
4.     List of persons hired for advice in these litigations
18
Nepotism @NIPER Recruitment of Medical Officer without advertisement,

Medical Officer recruited @NIPER without advertisement
A gynecologist is recruited for approximately 550 male students and 100 female students putting medical need of students in jeopardy. Officer recruited without advertisement is wife of Officiating director’s friend, thus a clear case of nepotism. Remuneration paid is Rs 10000 per month for five hour a week which is substantially higher then what is paid to the previous doctor.
FRIDAY, 7 OCTOBER 2011
&
THURSDAY, 9 FEBRUARY 2012

1.     Copy of the advertisement
2.     Copy of application received with comparative of qualification and experience.
3.     Name, designation and travel documents of selection committee
4.     Recommendation of selection committee.
5.     Copy of appointment letter
6.     Salary record of past and present medical officer.
19
Registrar NIPER illegal appointment challenged in High Court of Punjab & Haryana
High Court of Punjab & Haryana at Chandigarh has taken cognizance of the serious irregularities and illegalities relating to selection of a favored candidate by the Officiating Director to post of Registrar, NIPER, results of the selection committee for the same held on 9-6-2011 and issued notice of motion.  Wing Cdr PJP Singh Waraich (Retd.) does not meet the requisite qualifications of eligibility for the post of Registrar at NIPER, Mohali. Officiating Director made his selection deliberately though officiating Director was not competent authority to approve the appointment of registrar. This act of officiating Director amounts to ‘denial of opportunity’ to genuinely deserving candidates besides leading to ‘nepotism’. (angle of economics is also in rumors).
THURSDAY, 5 APRIL 2012

1.     Copy of complaints against Registrar received by Chairman BOG
2.     Copy of application received with comparative of qualification and experience along with grade pay.
3.     Name, designation and travel documents of selection committee
4.     Recommendation of selection committee.
5.     BOG minutes relevant section
6.     Writ petition and reply filed by NIPER
20
Nepotism in ad hoc appointment at NIPER
To:
Dr V. M.  Katoch, Chairman BOG, NIPER
Secretary to Govt. of India,
Department of Health Research, Ramalingaswami Bhawan,
Ansari Nagar, New Delhi 110029,

Subject: DENIAL OF FAIR AND EQUAL OPPORTUNITY IN MATTER PERTAINING TO SELECTION TO POST OF PROFESSOR (PHARMACEUTICS) AT NIPER, MOHALI

Ref: REGULARIZATION OF DR. JYOTI PALIWAL AS PROFESSOR IN DEPARTMENT OF PHARMACEUTICS, WITHOUT ANY ADVERTISEMENT OR FORMATION OF ANY SELECTION COMMITTEE (in serious violation of NIPER statutes, constitutional provisions and also Govt. of India rules regarding fair selection procedures in Govt. Institutes)

Copy to: All BOG members for necessary action in the forthcoming BOG meeting to be held on 28.05.12

FRIDAY, 25 MAY 2012

1.     Copy of the advertisement
2.     Copy of application received with comparative of qualification and experience.
3.     Name, designation and travel documents of selection committee
4.     Recommendation of selection committee.
5.     Copy of appointment letter.
6.     Salary record of  DR. JYOTI PALIWAL  and approval of competent authority for releasing salary.
7.     Account head from which the salary is being released in the past and current months.
8.     Bio data of Dr. Paliwal and letter of Dr. Neeraj Kumar in the matter.
9.     Copy of Extension Letter of Dr. Paliwal, if any.
21
Nepotism @NIPER; the appointment of Dr. Naresh Kumar?
NIPER Administration /Offg. Director has given 3 different statements at 3 different places regarding appointment of Dr.Naresh Kumar.
Statement 1 :  Appointment of Dr. Naresh Kumar is as Professor in Pharmaceutical Management  (NIPER Registrar Office Order no. F.1-3(293)/2011/Estt./1343 dated 19-10-2011 , indicating Dr.Naresh as Professor, Pharmaceutical Management)
Statement 2 :  Appointment of Dr. Naresh Kumar is as Professor in Business Development Group, NIPER (Statement of Prof. K.K.Bhutani given to the Chairman, APDC and duly documented  in SIGNED final minutes of 13th APDC meeting held at NIPER on 19-11-2011, as agenda item no. 13.6)
Statement 3 :  Appointment of Dr. Naresh Kumar is as Professor in Intellectual Property Rights Cell, Deptt. Of Pharmaceutical Management.
(RTI response given vide NIPER Letter no. F 235/RTI 43/2012/1030 dated 4-5-2012 )
TUESDAY, 29 MAY 2012

1.     Copy of the advertisement
2.     Copy of application received with comparative of qualification and experience.
3.     Name, designation and travel documents of selection committee
4.     Recommendation of selection committee.
5.     Copy of appointment letter.
6.     Salary record of   Dr. Naresh Kumar and approval of competent authority for releasing salary.
7.     Account head from which the salary is being released in the past and current months.
8.     Copy of the documents mentioned in the blog with clarification from F&AO for which post the salary is being released
9.     Bio data of Dr. Naresh Kumar
22
NIPER Degree awarded in fifth Convocation

Ø  NIPER Senate is supposed to be made by Board like other statutory committees
Ø  The senate recommends the degree and Board approves it.
Ø  In the 1st meeting of new Board senate formation was not discussed.
Ø  The Current Senate is made after 1st meeting of new Board and before Fifth Convocation.
Ø  As per statutory requirement Senate has no representation from humanities.
Ø  Board meeting has not commenced in between senate meeting and convocation.
Ø  Punjab and Haryana High-court will decide on the legality of constitution of Senate.
WEDNESDAY, 23 NOVEMBER 2011

1.     Procedure of Senate formation as recorded in the past BOG meeting
2.     Composition of the current senate.
3.     Copy of the complaint sent to Chairman BOG by Dr. Neeraj Kumar
4.     Copy of the writ petition and reply filed by NIPER
5.     Procedure of conferring degree
6.     Record of BOG where Board approved the degrees before convocation
7.     Copy of list of persons to whom invitation send for convocation with postal receipt.
23
Bleak placement record of NIPER Mohali raises many question
Enhance availability of skilled man power?  The placement record appended tells a very different story. It is learnt that the following placement record raised many eyebrows in the recent BOG meeting. Corruption in NIPER is wide spread and gone beyond NIPER. CAG warning fallen into deaf ear; CAG unearthed shoddy state of education @NIPER.

Money spent on construction of many white elephants and unused facilities.  Laboratory space crunch deprive students to get hands on training for which NIPER was famous once upon a time.  In an average 30% is placed what happened to majority? Per capita expenditure is much more compared to any university (UIPS?) With this placement record do we really need more.................?

THURSDAY, 19 JANUARY 2012


1.     Record of the Campus  placement   records for the  last five-years, year wise, department wise and along with the number of students passed out from the department
2.     CAG report along with NIPER response
3.     Final comment of CAG on how NIPER is imparting quality education where student number is increased without having adequate staff
4.     Rectification measures taken by NIPER
5.     No of laboratory and lecture halls build in last five years and total cost.
6.     No of other building constructed in NIPER and total cost.

24
Adulterated admission, wrong degree, where is Institute of national Importance heading ??

With all established procedure and clause, NIPER S.A.S Nagar has fixed the NIPER PhD SEATS for their students (working in the projects) who do not have their category as sponsored candidate as they do not have experience of two years as per clause # 4 at page 6 of information brochure. Apart from this, I can say about the department of Pharmaceutics where NIPER has mentioned one seat and fixed/reserved three seat so that they hire their desired candidate ignoring the rules and regulation of their own examination as given below:

1.     XXXXXXXXXXXXX (Reg # 1000456; Joined in DST project on 10/05/2011 which is sanctioned for 2006-2011, No extension/ sanction for further duration, Kindly see the RTI detail as attached) 
2.     XXXXXXXXXXXXXX (Reg # 1000214; Joined in DST project on 04/04/2011 which is sanctioned for 2006-2011, No extension/ sanction for further duration, Kindly see the RTI detail as attached)
3.     XXXXXXXXXXXXX (Reg # 1000270; Joined in ICMR project in pharmaceutics recently; being M. Pham (Pharmacology) does not have eligibility qualification in Pharmaceutics, but have the qualification in department of Pharmacology & Toxicology)
TUESDAY, 27 MARCH 2012


1.     Detailed report of marks obtained in written and interview by these candidates and other candidates .
2.     Copy of the sanction letter from funding agency for money allocation
3.     Qualification criteria of NIPER PhD admission in various department ad recorder in Ordinance.
4.     Application of these three candidates.

25
Inbreeding making NIPER Sick? Scam (NIPER PhD entrance 2011)


from the result It seems that

1. All the candidates qualified (Pharmaceutics) are from one center ie
Chandigarh
2. No candidate (Pharmaceutics) from other centers (Delhi, Mumbai, Hyderabad)
3. All the candidates appeared in Exam (Pharmaceutics) from NIPER have
qualified for Interview.
4. All candidates selected are in the serial of appearing candidates
list.(first 21 candidates of Pharmaceutical Sciences)
5. There is no information regarding the number of sponsor seats (What
% of seats are for sponsored candidates)
6. There is no information regarding the reserved seats for NIPER candidates

Possibilities of this
1. Either the Examinations Question paper is known to NIPER students
2. Mass cheating at the examination center.
3. Favor by the exam department to NIPER students
MONDAY, 26 MARCH 2012


1.     Documented selection procedure of PhD candidate at NIPER Mohali for last three years.

2.     Minutes of the meeting of entrance exam committee and decision taken regarding PhD selection procedure for last three years.
3.     Copy of complaint along with the comments of the committee.
4.     Complaint filed by Dr. Neeraj Kumar regarding selection procedure.
5.     List of the candidate admitted in NIPER PHD program along with name of the colleges from where they have obtained their masters degree for last three years.

26
Problem of Governance @NIPER Take Three

More agony of intellectual elites of this country,

Dear Dr. Mashelkar
I have just seen the news that you have resigned as Chairman, NIPER. What happened to the Banerjee inquiry Report? If a plagiarist gets away due to maladministration or a biased committee of experts, SSV will not keep quiet and will hold all involved responsible for the miscarriage of justice. Please help us to see that the guilty gets exposed.

Best wishes
Prof. K.L. Chopra Ex-Director, IIT, Kharagpur

On Friday November 23 2007 16:31 Dr. Raghunath Anant Mashelkar, ex-DG CSIR & Ex-Chairman BOG replied, with a cc to dstsec@nic.in 

My Dear Chopra Ji,
There were some ethical issues that were bothering me.
XXXXXXXXXXXXXXXXX
Incidentally, no one had raised a question, but I did this on my own.
The bitter experience of the early part of the year has converted this ‘innocent boy’ called Mashelkar into a ‘wise man’
I am not happy with the committee absolving Banerjee despite the blatant violation. I have sent the extra evidence also to them after the submission of the report.
It is up to Director (NIPER) and the new Chairman, Dr. Ramasami, to handle the matter.


His successor, Chairman BOG, NIPER  Dr. T. Ramasami, Secretary Covt. of India, Ministry of science and Technology wrote,

Dear Prof. Rama Rao,
I enclosed a copy of the mails received from Dr. R. A. Masalkar. The matter is self-explanatory. Kindly advice. Let us strategise. Our action and plans such that the NIPER stayed out of controversy

Kindest regards
Dr. T. Ramasami
Secretary DST

THURSDAY, 13 OCTOBER 2011

1.     Copy of all the emails send to director by  Dr. Mashelkar and  Dr. T. Ramasami regarding Dr. U. C. Banerjee
2.     Recommendation of  Ombudsman committee for UC Banerjee, HOD
3.     Documents showing implementation of BOG resolution for UC Banerjee.
4.     All the Record for pertaining to TATA Innovation fellowship recommendation and DBT communication with NIPER regarding cancellation of fellowship
5.     Meeting book of 52nd BOG meeting






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