Appointment of consultant in NIPER, Mohali: PIL and Rajya Sabha Q&A
Notices issued to NIPER head over appointments
A public interest litigation (PIL) challenging the appointment of five persons to the post of consultants in NIPER was filed on Wednesday in the Punjab and Haryana High Court. The PIL termed the appointments arbitrary and done on a "pick and choose" basis.
The High Court has issued notices to the officiating Director of the National Institute of Pharmaceutical Education and Research, Mohali. The respondents have been asked to file their response to the PIL filed by Dr Rajinder Kumar Singla, an RTI activist.
The petitioner has challenged the selection and appointment of Avtar Singh, R K Bhatti, Hari Mohan, Dr A S Bhatia and Dr Naresh Kumar as consultants and that the Officiating Director of the NIPER, Dr K K Bhutani, in connivance with Registrar P J P Singh Waraich, has been making appointments of various persons close to him as consultants, on a pick and choose basis.
The petitioner has alleged that proper selection procedure, of inviting applications through any advertisement, is not being followed. It has been alleged that the illegal appointees are being given hefty amounts of money by way of consolidated monthly salary.
"All these consultants have been appointed initially on adhoc basis, and then continued, against regular posts. Dr Bhutani, while fixing the salary of these consultants, did not seek the recommendation of the Academic Planning and Development Committee, which is a necessary requirement under the rules of NIPER," reads the PIL.
The petitioner has thus alleged that the appointments of these consultants are illegaland sought their quashing.
Notices have also been issued to the chairman of the Board of Governors of NIPER, its Registrar, PJP Singh Waraich, and the government of India (Ministry of Chemicals and Fertilisers), and also to the five consultants.
GOVERNMENT OF INDIA
MINISTRY OF CHEMICALS AND FERTILIZERS
RAJYA SABHA
UNSTARRED QUESTION NO-2058
ANSWERED ON-15.03.2013
Appointment of consultants in NIPER, Mohali
2058 . DR. JANARDHAN WAGHMARE
(a) the details of Consultants hired by the National Institute of Pharmaceuticals Education and Research (NIPER), Mohali during the last three years, year-wise;
(b) the policy approved by the Board of Governors (BoG) NIPER, for hiring retired persons/faculty on ad hoc basis without advertisement/competitive selection and financial clearances;
(c) whether full salary/contract amount and pension amount is being subjected to deduction of Tax deducted at source as per the Income Tax rules and if so, the details thereof;
(d) the action, Board of Governors has taken in the matter against violation of various laws; and
(e) if not, the reasons therefor?
(a) the details of Consultants hired by the National Institute of Pharmaceuticals Education and Research (NIPER), Mohali during the last three years, year-wise;
(b) the policy approved by the Board of Governors (BoG) NIPER, for hiring retired persons/faculty on ad hoc basis without advertisement/competitive selection and financial clearances;
(c) whether full salary/contract amount and pension amount is being subjected to deduction of Tax deducted at source as per the Income Tax rules and if so, the details thereof;
(d) the action, Board of Governors has taken in the matter against violation of various laws; and
(e) if not, the reasons therefor?
ANSWER
THE MINISTER OF STATE (INDEPENDENT CHARGE) IN THE MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION AND MINISTER OF STATE IN THE MINISTRY OF CHEMICALS AND FERTILIZERS (SHRI SRIKANT KUMAR JENA).
(a) to (e) ** see below **
Source: Rajya Sabha Q&A
National Institute of Pharmaceutical Education and Research (NIPER), Mohali has reported that seven Consultants were hired as per provisions contained in the General Financial Rules, 2005. The appointment of consultants is reported to Board of Governors (BoG) for information and ratification. A statement indicating names of consultants hired and other relevant information is enclosed.
Statement referred to in reply to Rajya Sabha Unstarred Question No. 2058 for 15.3.2013.
S. No.
|
Name of Consultant
|
Designation
|
Term
|
Remuneration in Rs. per month
|
Total tax deductedat source from the date of joining to 28.02.2013
|
Reported/ratified by BoG
|
|
From
|
To
|
||||||
(a)
|
(b)
|
(c)
|
(d)
|
(e)
|
(f)
|
(g)
|
|
2010-11
|
|||||||
No Consultant was hired
|
|||||||
2011-12
|
|||||||
1
|
Sh. A. C Ahuja, Retd, CMD, IFCIVenture Capital FundsLimited.
|
Financial Consultant
|
01.6.11
|
30.11.11
|
25000/-
|
0.00
|
Reported/ratified by BoG in its 54th meeting held on 2nd August, 2012.
|
2
|
Sh. R. K. Bhatti, Retd. Deputy Accountant General, AG, Punjab
|
Consultant (Audit)
|
08.6.11
|
7.6.13
|
40000/-
|
83157.00
|
Reported/ratified by BoG in its 54th meeting held on 2nd August, 2012
|
3
|
Sh. Avtar Singh, Retd., Executive Engineer, NIPER
|
Consultant (Engineering)
|
15.6.11
|
14.6.13
|
40000/-
|
22953.00
|
Reported/ratified by BoG in its 54th meeting held on 2nd August, 2012
|
4
|
Sh. Harimohan, Retd. Controller of Adminstration from CSIO, Chandigarh (CSIR Lab)
|
Consultant (Admn.)
|
15.6.11
|
14.6.13
|
40000/-
|
83157.00
|
Reported/ratified by BoG in its 54th meeting held on 2nd August, 2012
|
|
|
|||||||
5
|
Sh. H C Sehgal, Retd. Sr. PPS.
|
Consultant to assist Chairman BoG
|
06.8.12
|
25.9.12
|
30000/-
|
0.00
|
To be reported in the ensuing 59th BoG meeting scheduled for 23rd March, 2013 for ratification.
|
6
|
Dr. A S Bhatia, Retd. Asstt. Professor NIPER
|
Consultant
|
10.9.12
|
9.9.13
|
60000/-
|
42686.00
|
To be reported in the ensuing 59th BoG meeting scheduled for 23rd March, 2013 for ratification.
|
7
|
Dr. Naresh Kumar, Retd. head HRDC Ghaziabad (under CSIR)
|
Consultant with reference to Budgeting, Planning, industry liaisoning, business development etc.
|
14.9.12
|
13.9.13
|
90000/-
|
130100.00
|
To be reported in the ensuing 59th BoG meeting scheduled for 23rd March, 2013 for ratification.
|
TUESDAY, 4 DEC 2012
Civil Writ Petition No. 6458 of 2012 (1)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 6458 of 2012 (O&M)
Date of decision : 30.11.2012
Dr. Parikshit Bansal and another .. Petitioners
versus
Union of India and others .. RespondentsCoram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Kapil Kakkar, Advocate, for the petitioners.
Mr. Gurpreet Singh, Advocate, for respondent nos. 1, 2 and 4 to 7.
Mr. Navdeep Singh, Advocate, for respondent no. 3.
XXXXXX
There is no material placed even before this court except the bio-data submitted by respondent No. 3 himself. It cannot be termed that whatever claimed by respondent No. 3 in his application should have been considered as a true statement in the absence of a certificate from the employer. In fact, as is evident from the record, the appointing authority in the present case was misled while considering the entire service career of twenty three years of respondent No. 3 as relevant experience and awarded the marks accordingly, whereas in the written statement, it stated that respondent No. 3 was having 16 years experience on a gazetted post. Even the record, which was prepared at the time of scrutiny of the application shows that it was mentioned therein that the experience of respondent No. 3 is 'not O.K.' as the experience certificate is not attached. There is no experience certificate produced on record by respondent No. 3 even upto the date of interview. The selection was being made to the post of responsibility. Casualness in the process could not be expected, as is evident from the case in hand.
For the reasons mentioned appointment of respondent no. 3 on the post of Registrar is set aside. The writ petition is disposed of accordingly.
* respondent no 3 is PJP Singh Waraich
MonDAY, 17 SEP 2012
DIRECTION TO DG ICMR & CHAIRMAN, BOG ON NIPER AFFAIR
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CM 10800 of 2012 dated 17.09.12 of C.W.P. No.12892 of 2012 (O&M)
Dr. Nilanjan Roy s/o Late Kalipada Roy
.......Petitioner
Versus
.......Respondent
Learned counsel for the applicant submitted that the chairman of the Board of Governors of the institute has joined his duties on 10.09.2012. However on account of his medical condition, he has been advised light work. He is to be operated on 29.09.2012, for which he is to be admitted in hospital 2-3 days prior thereto.
xxxxxxxxxxxxx
“As the Chairman has now joined back his duties, the directions already issued by this court on 13.07.2012 be now complied with and the appeal filed by the petitioner be disposed of before the Chairman proceeds on leave.
CM stands disposed of
(R. BINDAL)
JUDGE
SEP 17, 2012
DIRECTION TO DG ICMR & CHAIRMAN, BOG ON NIPER AFFAIR
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.12892 of 2012 (O&M)
Dr. Nilanjan Roy s/o Late Kalipada Roy
.......Petitioner
Versus
.......Respondent
1. xxxxxxxxxxxxx
2. Considering the prayer made by the petitioner to be innocuous in my opinion, without issuing notice to the respondents the petition can be disposed of with a direction to chairman BOG to dispose of the appeal filed by the petitioner within 3 weeks from the date a copy of the order is received by him.
2. Considering the prayer made by the petitioner to be innocuous in my opinion, without issuing notice to the respondents the petition can be disposed of with a direction to chairman BOG to dispose of the appeal filed by the petitioner within 3 weeks from the date a copy of the order is received by him.
3. Having regard to the nature of order passed, I dispense with notice to the respondents and the writ petition is disposed of as above.
(R. BINDAL)
JUDGE
JULY 13, 2012
THURSDAY, 6 SEP 2012
Illegal appointment of PJP Singh Waraich as Registrar NIPER CHALLENGED IN HC
Civil Writ Petition (CWP 6458 of 2012) is filed in Punjab and Harayana High court challenging the appointment of Registrar NIPER.
For the post of the registrar prerequisite was 15 years of administrative experience, of which 8 years shall be as Deputy Registrar or an equivalent post (AGP Rs 7600). However as per the document PJP Singh Waraich joined as Wing commander wef 17 June 2008 in Rs 7600 AGP. Thus not fulfilling the criterion. Three formal complains lodged by three faculty members to Chairman BOG, but BOG failed to adjudicate the Grievance before filling the petition.
On apprehension of involvement of petitioner in recent report by Hindustan times, bench found it irrelevant to the case and fixed next date of hearing on Oct 15 2012.
For the post of the registrar prerequisite was 15 years of administrative experience, of which 8 years shall be as Deputy Registrar or an equivalent post (AGP Rs 7600). However as per the document PJP Singh Waraich joined as Wing commander wef 17 June 2008 in Rs 7600 AGP. Thus not fulfilling the criterion. Three formal complains lodged by three faculty members to Chairman BOG, but BOG failed to adjudicate the Grievance before filling the petition.
On apprehension of involvement of petitioner in recent report by Hindustan times, bench found it irrelevant to the case and fixed next date of hearing on Oct 15 2012.
FRIDAY, 24 AUG 2012
CBI SHOULD probe INTO MISAPPROPRIATION OF 11TH FIVE YEAR PLAN MONEY HC
Chandigarh Aug 24, 2012 The Punjab and Haryana High Court today issued notice to the CBI and the CVC on a petition alleging “large scale misappropriation” of funds in the prestigious National Institute of Pharmaceutical Education and Research (NIPER) at Mohali. Assistant Prof. in NIPER Dr. Parikshit Bansal filed the PIL and his counsel Navkiran Singh alleged large scale misappropriation of funds under the 11th five-year plan relating to the setting up of a full-fledged Department of Intellectual Property Rights. CWP No. 14537 of 2012, under Articles 226 / 227 of Constitution of India is filled for issuance of a writ of Mandamus or any other writ order or direction, directing the C.B.I. to conduct a detailed and thorough investigation into the financial irregularities and lapses which have taken place at National Institute of Pharmaceutical Education and Research (NIPER), as the CVC on the complaint of the petitioner has failed to hold an inquiry into the matter and thus failed to perform its mandatory duties.
THURSDAY, 2 AUGUST 2012
CVC SHOULD RE-LOOK INTO MISAPPROPRIATION OF 11TH FIVE YEAR PLAN MONEY HC
Chandigarh Aug 1, 2012 Hon’ble Punjab Harayana High Court is in the opinion that Central Vigilance Commission (CVC) should re-look into misappropriation of 11th five year plan money at NIPER. Dr. Parikshit Bansal was vocal regarding misappropriation since last three years and left no stone unturned for justice. After several failed attempts to alart governing authorities of NIPER and statutory anti-corruption bodies Dr. Bansal sought intervention of the court to issue directions to CVC/CBI to conduct inquiry and establish IPR Department at NIPER. In the petition CWP No. 14537 of 2012, titled Dr. Parikshit Bansal Vs. National Institute of Pharmaceutical & Educational Research (NIPER) and others Dr. Bansal had stated that NIPER administration is guilty of wilful breach and disobedience of GFR 2005.
CONTEMPT NOTICE TO DG ICMR & CHAIRMAN, BOG ON NIPER AFFAIR
Chandigarh Secretary of Health Research and Chairman BoG, NIPER Dr. V. M. Katoch was served a notice by Punjab and Haryana High Court on Wednesday 1st Aug, asking why contempt proceeding should not be initiated against him for not complying with the orders.
Justice Mahesh Grover passed the order while hearing a contempt petition filed by Dr. Neeraj kumar. the petition had stated that for wilful breach and wilful disobedience of order dated 24.04.2012 passed by this Hon’ble Court in CWP No. 2211 of 2012, titled Dr.Neeraj Kumar Vs. National Institute of Pharmaceutical & Educational Research (NIPER) and others wherein the Chairman, BOG was directed to take decision on the grievances expressed by the petitioner through various representations as expeditiously as possible and preferably within 8 weeks.
Chandigarh Secretary of Health Research and Chairman BoG, NIPER Dr. V. M. Katoch was served a notice by Punjab and Haryana High Court on Wednesday 1st Aug, asking why contempt proceeding should not be initiated against him for not complying with the orders.
Justice Mahesh Grover passed the order while hearing a contempt petition filed by Dr. Neeraj kumar. the petition had stated that for wilful breach and wilful disobedience of order dated 24.04.2012 passed by this Hon’ble Court in CWP No. 2211 of 2012, titled Dr.Neeraj Kumar Vs. National Institute of Pharmaceutical & Educational Research (NIPER) and others wherein the Chairman, BOG was directed to take decision on the grievances expressed by the petitioner through various representations as expeditiously as possible and preferably within 8 weeks.
TUESDAY, 24 APRIL 2012
DIRECTION to DG ICMR & Chairman, BOG on NIPER affair
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No.2211 of 2012 (O&M)
Dr. Neeraj Kumar s/o Sh. Mahendra Kumar
.......Petitioner
Versus
National Institute of Pharmaceutical & Educational Research( NIPER)
.......Respondent
1. xxxxxxxxxx
2. Without going into the merits of the contention, I would think that it is sufficient if I direct the Chairman, BOG to exercise such power as it is vested in him by the clause referred to above and he shall take a decision on the grievance expressed by the petitioner as expeditiously as possible and preferably within a period of 8 weeks from the date of receipt of copy of the order.
2. Without going into the merits of the contention, I would think that it is sufficient if I direct the Chairman, BOG to exercise such power as it is vested in him by the clause referred to above and he shall take a decision on the grievance expressed by the petitioner as expeditiously as possible and preferably within a period of 8 weeks from the date of receipt of copy of the order.
3. Having regard to the nature of order passed, I dispense with notice to the respondents and the writ petition is disposed of as above.
(K. KANNAN)
JUDGE
April 24, 2012
DR. VM Katoch himself is not a fair man, a biased person, bad administrator and never been a good scientist. The whole life he has published in under rated journals and supplied samples to other scientist to gain name in their research.
ReplyDeleteThere is a case filed in principal bench of CAT Delhi by one of the scientist Dr. Anil Kumar against the manipulation done to appoint his wife at JALMA INstitute, Agra. The judgement of Cat has been on March 7, 2012 'Declaring her appointment as illegal' but Dr. katoch is shamlessly pulling her misusing his position.
They are using old retired persons/scientists for their benefits and some person from health ministry are also getting benefits to allow such corrupt practices. This is an example of cocus and fradulant means in science in India.
I wish if Congress Govt wish to improve its face value they must replace such administrators with a genuine and sensible ones.