Tuesday, 5 July 2016

The Curious Case of NIPER Registrar


Shri Narendra Damodardas Modi,
H.E. Prime Minister of India,
South block, Raisana hills, New Delhi-110101.

CC to: (Copy is made for concerned personnel):
1.     Hon’ble Minister Shri Ananth Kumar, Chemical & Fertilizers, Shashtri Bhawan, New Delhi-110001. (E.Mail:akumar-alpha@sansad.nic.inananth@ananth.org)
2.     Hon’ble Minister Shri Hansraj Gangaram Ahir, MoS, Chemical & Fertilizers, Shashtri Bhawan, New Delhi-110001. (E. Mail: hansraj_ahir@rediffmil.com)
3.     Secretary, Department of Pharmaceuticals, 3rd floor, B Wing, Janpath Bhawan, New Delhi -110001.
4.     Secretary, CVC, Satarkata Bhavan, GPO Complex, Block-A INA, New Delhi 110023

Subject/Prayer: A humble request to H.E. Prime Minister of India  for 1) Removing of a person CVO cum Registrar of National Institute of Pharmaceutical Education and Research (NIPER), Mohali (PUNJAB) against him CBI has registered a FIR on corruption charges (CBI FIR NO. RCCHG2016A0005 dated 14-1-2016)

Hon’ble Sir,
Greetings from a PhD Student!
A democratic welfare state takes measures for welfare of its people. Healthcare and medicines is one such important welfare area. Making available affordable medicines for debilitating diseases is one of the thrust areas of government. Stakes are high for the country for developing good, new, competitive drugs considering the international scenario and international intellectual property regime. The govt. entrusts such important tasks to its pharmaceutical experts for which it puts in public money and hopes for the best. But why these hopes are often belied is typically illustrated in the case of National Institute of Pharmaceutical Education and Research (NIPER), Mohali- an Institute of national importance created by an act of parliament under Department of Pharmaceuticals, Ministry of Chemicals and Fertilizer. Appointment of NIPER Mohali Registrar (Mr PJPS Waraich) was made on 09-06-2011 through a selection committee headed by Prof. K.K. Bhutani (Officiating Director). In this case of appointment of registrar ,although the appointing authority of the Registrar was Board of Governors (BOG). Yet this appointment was made by Officiating Director (Prof. K.K. Bhutani) which was not as per the statutes of NIPER.
As per NIPER statues Cluse 3.1.2 (b) to appoint Professor, Associate Professor, Assistant professor and other staff in equivalent grades, as may be necessary on the recommendation of the selection committee constituted for the purpose;  

However as recorded in the minuteds of the 54th meeting "The board noted the appointment of Wing Cdr PJP Singh Waraich (Retd.) as Registrar of the Institute"

Standard english dictionary definition of, 
Approved vs Noted: Approved and noted are English verbs that both pertain to a demonstration of affirmation towards an act or object. They are however two distinct verbs used for different contexts.
Approved by definition means to confirm, ratify or sanction officially or to commend or regard as good. It is an expression of acceptance towards a favorable or pleasing thing or action. 
On the other hand noted, means to have taken into knowledge, awareness, or notice of the already executed proactive action of another person without approving or disapproving it.

Looking to the illegality and arbitrariness in the selection process of registrar Hon’ble Punjab and Haryana High Court had quashed (Set-aside the selection and appointment of Registrar vide its order Civil Writ Petition No.6458 of 2012 dated 30-11-2012. Later on approached the division bench of Hon’ble Punjab and Haryana High Court and got a stay on the operation of the Single Judge order of Haryana High Court and he continues to survive on a pending double bench appeal by delaying tactics. The matter is now pending for decision for which the next date is 07-07-2016. The details of the case show that he misrepresented facts about his qualification in and experience to secure selection. Interestingly, Appointment of NIPER Mohali Registrar (Mr PJPS Waraich) under the scanner of CBI inquiry
Since the appointment of registrar was for a period of five year on contract basis which is coming to an end on 03-07-2016 and both Registrar (Mr PJPS Waraich) and Officiating Director (Prof. K.K. Bhutani) are hand in glove in this matter. We are apprehending that the Officiating Director (Prof. K.K. Bhutani) will extend his contract/services just to misguide the Hon’ble Punjab and Haryana High Court and to benefit registrar for their survival. It is also relevant that both officials are charged for corruption but both of them continue to occupy their positions despite a CBI FIR No. RCCHG2016A0005 dated 14.01.2016. CBI registered a preliminary inquiry PE-CHG2014A0010 and initiated a detailed inquiry in response to petition CWP-14537 of 2012 in High Court spanning more than a year (2015) and registered CBI FIR NO. RCCHG2016A0005 dated 14-1-2016 against 9 officials of NIPER, Mohali including present Officiating Director, Dr. K.K.Bhutani and present Registrar, Mr. P.J.P. Singh Warraich, for large scale misappropriation of funds released to NIPER for meeting objectives of research projects approved in national interest. The charges listed in the FIR are serious and in respect of criminal offences u/s 120-B read with Sections 420 (Cheating), 409 (Criminal Breach of Trust), 467 (Forgery), 471 (using as genuine a document known to be false) of IPC and Section 13(2) r/w 13(1) (c) & 1(1) (d) of Prevention of Corruption Act,1988.(Criminal Misconduct by a Public Servant).Subsequently, on 12-2-2016, the CBI conducted raids at 22 locations across the country and ceased incriminating documents from the residences of Dr. K.K. Bhutani, Officiating Director, NIPER and Mr. PJP Singh Warraich, Registrar, NIPER, Mohali (Punjab) and other officials. Under the FIR details of accused persons in the Case No. RCCHG2016A0005 dated 14.01.2016 following accused have been registered by CBI for further investigation:
(i) Dr. P.Rama Rao, the then Director, NIPER, Mohali
(ii) Dr. K.K. Bhutani, Officiating Director, NIPER, Mohali
(iii) Sh. PJP Singh Waraich, Registrar & CVO NIPER Mohali
(iv) Sh. Bhupinder Singh, the then Dy. Registrar (F&A), NIPER MOhali
(v) Sh. Mathai Jose, Finance and Accounts Officer, NIPER Mohali
(vi) Sh. Hardip Singh, the then Section Officer (Budget), NIPER MOhali
(vii) Sh. Rajesh Moza, the then Dy. Registrar (Exam Section), NIPER Mohali
(viii) Dr. Saranjit Singh, Professor, NIPER, Mohali
(ix) M/s Sci-Finder Informatices (now ACS International India Private Ltd.) through its owners and proprietors
(x) other unknown officials of Ministry of Chemicals and Fertilizers, New Delhi and unknown officials of NIPER Mohali and unknown private persons.

Critical points about Case of Mr. PJP Singh Waraich.
1)      The appointment of Mr Waraich has already been quashed by a single bench of Punjab and Haryana High Court Civil Writ Petition No.6458 of 2012 and he continues to survive on a pending double bench appeal by delaying tactics. The details of the case show that he misrepresented facts about his qualification and experience to secure selection
2)      Appointment of NIPER Mohali Registrar (Mr PJPS Waraich) under the scanner of CBI inquiry.
 3)     Mr. PJP Singh Waraich already has a proper case registered case against him (FIR by CBI No. RCCHG2016A0005 dated 14-1-2016) by name and matter is under investigation Unfortunately, still he has continuing as CVO cum Registrar of NIPER, Mohali, as well as appellate authority under the RTI act he making a mockery of all act, rules and constitutional provisions including vigilance rules, under which he also needs to be suspended/removal keeping in view of serious of the charges and not rewarded with plum positions of power. How can the CVO of an Institute talk of ethics and values to students and faculty, when his own conduct is under a cloud and he is under investigation pertaining to criminal charges?

The following extracts are relevant for removal of Mr. P.J.P. Singh Waraich from post of CVO cum Registrar of NIPER, Mohali, as well as appellate authority under the RTI act
1)         As per CVC rules, he must be immediately placed under suspension. Relevant rule position in the Central Vigilance Commission Manual (http://cvc.nic.in/vigman/chapterv.pdf) is reproduced below:
“2.       When a Government servant may be suspended.
2.1.      A Government servant may be placed under suspension when a disciplinary proceeding against him is contemplated or is pending or where, in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the State or when a case against him in respect of any criminal offence is under investigation, enquiry or trial.
2)         As per CCS (CCA) RULES, 1965 
 (10) Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment -
Attention of the Ministries/Departments is invited to Ministry of Home Affairs OM No. 39/1/67-Ests.(A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. Attention is also invited to the Ministry of Home Affairs OM No. 5/1/63-Estt. (D) dated 30.04.1965 wherein Ministries/Departments were requested to make use of the provision of ‘warning’ inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment.
2. A question has now arisen as to whether a Government Servant can be discharged from service where it is discovered later that the Government servant was not qualified or eligible for his initial recruitment in service. The Supreme Court in its judgment in the District Collector, Vizianagram vs. M. Tripura Sundari Devi (1990(4) SLR 237 went into this issue and observed as under:-
“It must further be realized by all concerned that when an advertisement mentions a particular qualification and an appointment is made in disregard of the same, it is not a matter only between the appointing authority and the appointee concerned. The aggrieved are all those who had similar or better qualifications than the appointee or appointees but who had not applied for the post because they did not possess the qualifications mentioned in the advertisement. It amounts to a fraud on public to appoint a person with inferior qualifications in such circumstances unless it is clearly stated that the qualifications are relaxable. No Court should be a party to the perpetuation of the fraudulent practice.”
The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.
3. Such discharge, termination, removal or dismissal from service would, however, be without prejudice to the right of the Government to prosecute such Government servants.
[Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]

Sir, it is therefore urged that your good offices may be used to take up the matter with appropriate authorities to ascertain the facts
1) Despite FIR being registered on serious criminal charges against Mr. P.J.P. Singh Waraich, he is still holding positions and have not even been suspended allowing him to enjoy the perks and salary of position and also to victimize others. 

2) Issue of appropriate instructions to appropriate authority for putting under suspension/removal Mr. P.J.P. Singh Waraich name in the FIR.
Thanking you in anticipation of strong and exemplary action against the guilty officials. As on ordinary citizen I repose all faith and trust in you and hope truth and justice will prevail over malpractices and deceit.
Jai Hind

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