Notice to CBI fro NIPER Report

नाइपर भ्रष्टाचार मामला: जांच की स्टेटस रिपोर्ट तलब, CBI को नोटिस जारी

ब्यूरो/अमर उजाला, चंडीगढ़ Updated Mon, 28 Nov 2016 08:45 PM IST

नेशनल इंस्टीट्यूट ऑफ फार्मास्यूटिकल एजुकेशन एंड रिसर्च के वैज्ञानिक परीक्षित बंसल की ओर से भ्रष्टाचार मामले की सीबीआई जांच की धीमी गति को लेकर दाखिल याचिका पर सुनवाई करते हुए पंजाब-हरियाणा हाईकोर्ट ने सीबीआई को नोटिस जारी करते हुए जांच की स्टेटस रिपोर्ट तलब की है।

याचिका में बताया गया कि उन्होंने 2012 में हाईकोर्ट में याचिका दाखिल कर नाइपर में शिक्षा व शोध के लिए आने वाले फंड में घोटाले की बात कहते हुए जांच की अपील की थी। हाईकोर्ट के आदेशों के बाद इस मामले में सीबीआई ने नाइपर के दो निदेशक डॉ. पी रामाराव व डॉ. केके भुटानी को आरोपी बनाते हुए जांच आरंभ की थी। इसके बाद फंड के इस्तेमाल में अनियमितताओं की बात सामने आने पर 14 जनवरी को नाइपर के उच्च अधिकारियों के खिलाफ एफआईआर दर्ज की गई थी।

इसके साथ ही इन अधिकारियों के घर पर छापेमारी कर रिकवरी की गई थी। याची ने कहा कि इसकेबाद से ही सीबीआई की जांच धीमी है और ऐसे में हाईकोर्ट सीबीआई से जांच की स्टेटस रिपोर्ट तलब करे और सीबीआई को जांच पूरी करने के आदेश जारी करे। हाईकोर्ट ने याची पक्ष को सुनने के बाद सीबीआई को नोटिस जारी कर अगली सुनवाई पर जवाब दाखिल करने के आदेश दिए हैं।

NIPER in NEWS

DEATH IN NIPER POOL; Kin allege police inaction, want CBI inquiry

Mohali, November 14 Tribune News Service

Around two months after a 40-year-old man drowned in a swimming pool at the National Institute of Pharmaceutical Education and Research (NIPER) at Sector 67 here, family members of the deceased alleged police inaction in the case. They also demanded that the NIPER authorities should also be made a party in the case. Saroj Bagga, wife of the deceased Sunil Bagga, alleged that after two months of the incident, there was no development in the case. “The accused are roaming free and nothing has been done against the NIPER authorities in this regard,” said Saroj. She alleged that her husband had drowned due to sheer negligence and improper infrastructure at the pool. Sunil Bagga, a manager with Ola Cabs and a resident of Phase XI, had drowned in the pool on September 11 when he went there, along with his six-year-old son, Ishit, for swimming. The police had booked two persons, Davinder Lamba, a Delhi-based contractor, who has been given the pool on a contract basis and his manager-cum-trainer, Rajiv, under Section 304A of the IPC (death due to negligence) at the Phase XI Police Station, here on the complaint of Saroj Bagga. The police claimed that they had recorded the statements of the contractor’s staff and other authorities concerned at the NIPER. The deceased’s viscera report is still be awaited. Wing Commander PJP Singh Waraich (retd), registrar at NIPER, said the pool had been closed since the incident occurred. “The police have recorded our statements. As per the clause of the contract, the entire responsibility of the pool is lying with the contractor,” said the Registrar. The family also demanded CBI inquiry into the case.

PRESS BRIEFING 14^th Nov 2016, Mohali

REGARDING SUNIL BAGGA (DECEASED NIPER SWIMMING POOL 11-SEP-2016)

1. The press conference has been called for drawing attention of relevant authorities on the incident happened at NIPER swimming pool on 11^th Sep 2016.
2. To refresh our memories – My husband Mr. Sunil Baggadied via drowning at NIPER swimming pool at 815 AM Sunday 11^th Sep 2016. His post mortem report confirmed death by drowning. We blame the authorities including NIPER Management and NIPER pool contractor are to be held responsible for the unfortunate incident.The same has been mentioned in the FIR.
3. As per eye-witnesses and people who brought him to the hospital
   1. There were absolutely no life-saving arrangements at the swimming pool
   2. Swimming pool attendants responded very late to the calls for help. Nobody seemed to be trained on life saving techniques.
   3. Ishat (6-Year old son), who was with Sunil at the time of incident, created some noise desperately but no prompt help was provided.
   4. There was no administration of CPR at the pool which could have saved Sunil’s life
   5. There was no vehicle available at the pool to transport Sunil to the nearby hospital. Sunil was moved to the hospital in a member’s car.
   6. This whole process took more than half an hour and by the time Sunil reached Silver Oaks hospital (which is less than 1 km from NIPER) was dead.
   7. Immediately after the incident, the NIPER pool staff was busy filling up the oxygen cylinders (Photographs available).
4. We would like to comment on the investigation aspect of this case –
   1. Today is 14^th Nov. More than 60 days have passed. Not even a single person from Police or NIPER has come to meet us to take our statements or offer help of any kind. What kind of an investigation is this wherein the key witnesses and people are not even asked once about the incident?
   2. We named NIPER management in the statement but only contractors are mentioned in the accused category. We demand NIPER management to be made party to the accused as they fail to enforce or audit the terms and conditions of the contract with the contractor.
   3. We checked with all the other eye-witnesses at the time of incident, no one has been quizzed by Police as yet.
   4. NIPER is such a reputed institution of the country. They get paid through the taxes we deposit. Don’t they have any humanitarian ground to come and talk to us and offer condolences at a minimum.
   5. Even after the incident, NIPER contractor was willing to reopen the pool after two days. It was only after the citizen’s protest that the pool couldn’t open. 
5. As a result of this incident, our lives are shattered.
   1. We have no source of income at this point of time
   2. We don’t have very strong financial background
   3. We have to shift house as we can’t afford the rent anymore
   4. Father-in-law has gone through a major surgery few months back
   5. Children education is suffering as there’s no one to take responsibility and they may not be able to continue.
6. Through some very reliable sources, we have come to understand the following –
   1. NIPER residents and other regular members have complained to the pool authorities about the safety aspects time to time but to no avail.
   2. A letter was issued by Chief Security office to the pool contractor on 03^rd June 2015 about following terms of the contract clearly mentioning concerns about safety/security aspects, additional construction, tampering with the meters, deposit of the money etc.
   3. One member,Mr. KapilDev Sharma, wrote an email to the NIPER authorities on 09^th October 2015 complaining about the dirty water. A comprehensive report was subsequently filed by Chief Maintenance Engineer on investigation. The report clearly mentioned violation of almost all key terms of the contract by the contractor as asked in the letter mentioned above on 03^rd June.
   4. It was also suggested by CME that contract should to be terminated if contractor is not following the terms. Contrary to CME suggestion, Pool’s contract was actually renewed for 2016 as well. Situation remain the same in current season too.
   5. It will be pertinent to mention that immediately after the incident, pool staff was shown filling up the oxygen cylinders – photo was duly published in media on 12^th Sep.
   6. We’re in possession of another NIPER internal reportwhich hints that NIPER management seems to believe everything is fine at the swimming pool and hinting that pool should not be held responsible for Sunil’s death.
   7. We have talked with many people who have enrolled for the pool but don’t use it for fear of lack of safety options and other health hazards.
7. Given the evidence we have and our personal experiences, I have little faith that investigation will be done properly in the current context. There seems to be deliberate attempt to let this incident fade away and evidences get diluted.
8. Common citizen lives matter. If a death and shattered lives can’t be enough for the NIPER and police authorities then what will? I just wonder. NIPER gets its funds from the tax we pay to the government – right? Somebody dies in NIPER campus and they seem to be siding with the accused party for which sufficient evidence exist of malpractices. How many deaths it will take for the NIPER management for wake up.  I want CBI enquiry into it.
   
   

SarojBagga (Wife) / IshatBagga(Age 6) / PrachiBagga (14)

Illegal constitution of Senate NIPER by Dr. KK Bhutani whose nomination in BOG is stayed.

Dated: 04.11.2016

To,

Dr. V.M. Katoch,

Chairman, BOG NIPER-Mohali.

CC: BOG Members, Authorities from Department of Pharmaceuticals, New Delhi and other relevant persons.

Dear Sir,

It is brought to your notice that Dr. KK Bhutani (Off. Director) And Mr. PJP Singh Warraich are misusing official positions and are indulged in huge corruption at NIPER-Mohali. For that, they are main accused along with their associates in CBI FIR no. RCCHG2016A0005 dated 14.01.2016. Recently, their nomination in BOG NIPER-Mohali is stayed by Hon'ble Punjab and Haryana High Court vide order dated 27.10.2016 in CWP-22655/2016. The relevant text of the order is reproduced as below:

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Notice of motion for 01.02.2017. 

 

Operation of Annexure P-4 insofar as nomination at Item No.2- Professor K.K.Bhutani, Item No. 11-Representative of Pharmacy Council of India (PCI) and Item No. 21 Wing Commander PJP Singh Waraich as Secretary, are stayed till the next date of hearing. 

                                                           ( P.B.BAJANTHRI) 

27.10.2016                                                         JUDGE  

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Just now, I came to know that even after the stay order of Hon'ble High Court, Dr. Bhutani is further planning to constitute the Senate-NIPER in illegal manner which needs the nomination of three persons by the BOG in consultation with director during the BOG meeting. The relevant rule position in NIPER Act and Statute are given below:

As per NIPER Act clause 13(d) [also in NIPER statute clause 3.2.1(c)]:

13 (d) three persons, not being employees of the institute, to be nominated by the Chairperson in consultation with the Director, from among educationist of repute, one each from the fields of science, engineering and humanities and one of them shall be either from the Scheduled Castes or from the Scheduled Tribes; and

 

Thus Chairperson (who is the chairperson in BOG meeting) has to nominate above three persons in consultation with Director NIPER during the meeting. However Dr. KK Bhutani is stayed from BOG, NIPER, thus it won't be possible to constitute the Senate, NIPER till these two tainted persons are there in Institute or there is a revoke of the stay order. 

In pendency of the decision of Hon'ble High Court in CWP-22655/2016, any constitution of Senate in NIPER will be illegal and will amount to the contempt of the court order dated 27.10.2016. 

I am sending this information to all nominated Hon'ble members of BOG, NIPER-Mohali, Officials of Department of Pharmaceuticals and relevant persons in the same. It is important to mention here that the officials also constituted the Senate earlier in 2011 in violation of NIPER Act/Statutes and Hon'ble High Court Has quashed/ordered dated 04.11.2012 in CWP-18789/2011 to renotify the Senate as per NIPER Act/Statues and their appeal was also dismissed by Hon'ble Division Bench of Punjab and Haryana High Court (I was the petitioner in this application). 

Sincerely,

SD/-

Dr. Neeraj Kumar (Ex-Faculty & Ex-Member of Senate, NIPER)

H.N. 2311, Phase-X, Mohali-160064.

Phone: 93xxxxxx15

BOG meeting held at NIPER Mohali on 1st Nov 2016

From: "n rewa" <nrewa2015@gmail.com>
Date: Nov 1, 2016 1:29 PM
Subject: Fwd: a picture for you
To: "anang.........................
Cc:

Dear friends,

Inspite of court stay order on the participation of Dr KK Bhutani Off. Director) and Mr PJP Singh Waraich (Registrar, NIPER)  today it has been seen that BOG meeting has been conducted at NIPER, Mohali.

It can be confirmed by BOG Chairman Dr. VM katoch Ph:99xxxxxx01

Or the other BOG menber Prof R S Verma::94xxxxxx61

It amounts to the contempt of Court if it so.(The Interim order is attached herewith)

On bejalf of NREWA a letter (along with Court order, CBI FIR, New Paper Cuttings and forged list of BOG ) is given to BOG member which is also attached herewith.Whereas attempt was made by security of NIPER to stop it.

Regards

President

NREWA,

NIPER, Mohali