Saturday, 5 November 2016

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

Dated: 04.11.2016

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:
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  

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). 


Dr. Neeraj Kumar (Ex-Faculty & Ex-Member of Senate, NIPER)
H.N. 2311, Phase-X, Mohali-160064.
Phone: 93xxxxxx15

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