Plea on biased enquiry: HC seeks reply from CVC Centre, IIT-Kharagpur

| | New Delhi
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Plea on biased enquiry: HC seeks reply from CVC Centre, IIT-Kharagpur

Tuesday, 19 February 2013 | Amiya Kumar Kushwaha | New Delhi

The Delhi High court on Monday sought a reply from Central Government, Indian Institute of Technology (IIT) Kharagpur and central vigilance commission (CVC) on a plea of whistleblower Professor Rajeev Kumar seeking interim relief alleging biased enquiry conducted by institute against him.

Kumar was suspended on May 13, 2011 on charges of misrepresenting and defaming the institute. Kumar had allegedly made allegation of mass copying amongst students as well as about irregularities purchase of laptops by institute.

Justice Rajeev Shakdhar has asked Ministry of Human Resource Development (MHRD) and IIT Kharagpur and central vigilance commission (CVC) to file a reply on Kumar's plea and fixed the matter for March 21 for further hearing. The court's order came while hearing the plea seeking revocation of suspension and requesting to grant him interim relief. He said that if the interim relief is not granted then it would severely hurt the petitioner and if it is granted, it would not prejudice the respondents.

The petitioner also sought from the court to direct IIT Kharagpur for following order of MHRD for staying the proceedings. Kumar told court that institute did not comply with the directives of MHRD, though the said directives are in accordance with IIT Kharagpur's statutes and their own resolution. "IIT Kharagpur did not stay the proceedings, the petitioner's applications, were not processed for consideration of the Reviewing Authority," he said alleging bias inquiry was held against him.

"Out of vengeance for his whistle-blowing, the petitioner is being victimized by making him academically dysfunctional by his employer, IIT Kharagpur by a suspension order May 13, 2011 and a charge sheet was filed against him on May 16, 2011. Charges in the charge sheet are those on which the petitioner blew the whistle. The charge sheet is false, frivolous and motivated," Kumar said in his plea filed by advocate Pranav Sachdeva. Kumar informed court that disciplinary proceedings are being conducted without following any statutory rules and standard procedures. Kumar also informed court that it was done with the sole aim to further victimize the petitioner by denying fairness and natural justice.

On Monday, The Pioneer published a news reagarding the excessive payment made by the Inquiry Officer (IO) of the case related to IIT whistleblower Professor Rajeev Kumar. A retired judge of Calcutta High Court, the IO was paid Rs7 lakh for

five inquiry meetings. The HRD Ministry has taken cognisance of the act by the institute which has defied the Department of Personnel and Training (DoPT) order dated July 31, 2012.

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