Skip to main content

Arbitrary, vindictive? There is no ground for disciplinary action against Saibaba: DUTA

Counterview Desk

Objecting to the termination of top human rights leader Dr GN Saibaba's services, the DelhiUniversity Teachers' Association (DUTA), in a representation Prof PC Joshi, acting vice-chancellor of the University of Delhi, even as appealing to review disciplinary action against him, has said that the Ram Lal Anand College, where he serves as associate professor, or its Governing Gody, has "never made out a case for disciplinary action" independent of the criminal case filed against him.
Drawing a parallel, the letter, signed by DUTA president Rajib Ray, cites the case of Dr SAR Geelani, associate professor, Zakir Husain College (E), Delhi University, who was an accused in the Parliament attack case in 2001." Though Dr Geelani was "suspended after his arrested in the Parliament attack case", his services "were not terminated despite conviction and award of death penalty by the Trial Court." In fact, Dr Geelani "remained under suspension and was reinstated upon his acquittal by the High Court."

Excerpts:

As you may be aware, our colleague Dr GN Saibaba (assistant professor, Department of English, Ram Lal Anand College [RLA], University of Delhi), wa arrested in the year 2014 by the Maharashtra Police and was kept in Nagpur Central Jail as under trial prisoner for 14 months. Later, he got bail from Mumbai High Court and also from the Supreme Court.
Subsequently, in March 2017, he was given life sentence by Gadchiroli Sessions Court and sent to Nagpur Central Jail. Dr Saibaba is completely paralysed with 95% physical disability from childhood andbound to a wheelchair.
Thereafter, his appeal against the judgment and sentence has been admitted in the Nagpur Bench of the Bombay High Court, and the date for hearing is awaited. Dr Saibaba's wife, AS Vasantha, had submitted a representation to the DUTA stating that there is a very strong likelihood that the High Court acquits Dr Saibaba given the flimsiness of the charges and the nature of the evidence against him. DUTA had attached this representation in its appeal to the then Vice Chancellor dated July 3, 2018. 
A copy of the letter dated September14, 2017 submitted to the principal of RLA in this regard by the RLA Staff Association was also attached to our appeal.
In the meantime, the College Governing Body had constituted a four-member enquiry committee from within the Governing Body, and began proceedings towards terminating Dr Saibaba’s services. Much correspondence was exchanged between Vasantha and the RLA College.
On June 26, 2019, deputy registrar SK Dogra, wrote to the chairman, Governing Body, RLA College, via letter no CS-SDC/149/2019/724 as follows:
“I am directed to inform you that as per the advice of the Legal Council of the University of Delhi on the subject cited above, the College is requested to send another show cause notice to the charged teacher Dr Saibaba for the quantum of punishment to be imposed by the Governing Body of the College."
In the last letter written by Vasantha to RLA College dated November 28, 2020, she had explained that due to Covid lockdown jail visits to Dr Saibaba were extremely restricted, as a result of which, and also because of his ill-health, no instructions could be taken from him regarding response to the last show cause notice. No reply to this letter was received by Vasantha from the RLA College.
On April 1, 2021, Vasantha received a memorandum and a letter addressed to Dr Saibaba dated March 31, 2021 from the principal, RLA College, stating that Dr Saibaba’s services had been terminated wef March 31, 2021.
This letter came as a shock since the decision of termination seems to have been taken without even waiting for the reply of Dr Saibaba to the show cause notice served on him by the college on the instruction of the University conveyed vide letter dated June 26, 2019.
If the University has approved of the decision of the Governing Body, it seems to be in contradiction to its own explicit instruction of issuing fresh show cause notice to Dr Saibaba. Once the show cause was issued, the college should have waited for the reply before taking adverse action in the matter.
Dr Saibaba's appeal before the High Court has been admitted and listed for hearing, the matter is sub judice
The decision to terminate his services without waiting for his reply, when he is unable to respond because of prison lockdown conditions and extreme ill-health (that includes testing positive for Covid along with other life-threatening ailments) seems arbitrary, vindictive and against the principles of natural justice.
We wish to reiterate that since Dr Saibaba's appeal before the High Court has been admitted and listed for hearing, the matter is sub judice and the original proceedings are continuing, the case against him cannot be regarded as final until all appellate remedies are exhausted. We, therefore, request you once again to review and withdraw any action taken against Dr Saibaba and not to take any further action against him until his appeal is heard and decided.
It is pertinent to note that at the time of his initial suspension, and even subsequently, the RLA College or its Governing Body never made out a case for disciplinary action against Dr Saibaba independent of the criminal case filed by Maharashtra Police against him. Throughout the pendency of the case against him as well as the time that he was under incarceration as an under trial or on bail, the college did not have any case of disciplinary action against him.
Please also note that in case of Dr SAR Geelani, associate professor, Zakir Husain College (E), Delhi University, who was an accused in the Parliament attack case in 2001, Dr Geelani was suspended after his arrested in the Parliament attack case and his services were not terminated despite conviction and award of death penalty by the Trial Court. He remained under suspension and was reinstated upon his acquittal by the High Court. 
It is submitted that, similarly, any action against Dr Saibaba should await the final decision of the Hon’ble High Court in the matter of his appeal.

Comments

TRENDING

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

World Bank proved right, Narmada is already a destructive project: Medha Patkar

By Rajiv Shah  Narmada Bachao Andolan leader Medha Patkar has said that the World Bank’s independent review mission, which brought out the Morse Commission report , has been proved right: The Sardar Sarovar dam has not only failed to live up to the loud promises made for irrigating large arid areas of Saurashtra and Kutch in Gujarat, those who were displaced and resettled in Gujarat are getting increasingly restive as many of them are unable to get the promised water for irrigation and some for drinking water too. While 50,000 families have been resettled in three states and 20,000 have received land rights as land or cash, the authorities have not calculated what should be done with 15,000 families, whose houses are acquired for Sardar Sarovar but following changing backwater levels of the Sardar Sarovar dam, they are denied rehabilitation, Patkar tells Counterview in an interview (part1*): *** Q: What is the latest position in your view as far as the Sardar Sarovar dam is concerned?

Vadodara violence: Fine Arts Faculty alumni raise fingers at Varsity's political appointee

Hasmukh Vaghela with PM Counterview Desk  In a statement, alumni of the Faculty of Fine Arts (FoFA), Maharaja Sayajirao University (MSU), Baroda, Gujarat, referring to the “violence” by right-wing groups for displaying “objectionable” paintings that “hurt religious sentiments” at the one of India’s top fine arts institute May 5, have taken strong exception to “the assault and rustication” of one of the students, and lack of action taken against those who “violated” the institution and committed the act. Floated as an online petition seeking wider support, the FoFA alumni, in their statement, addressed to the vice chancellor, MSU, said, there should be “thorough” investigation in the whole incident and “immediate action” should be taken against syndicate member Hasmukh Vaghela, MSU, who sparked the assault, and “other co-conspirators” for breaching “university code of conduct and unlawful activities committed in broad daylight”. While the alumni statement doesn't say so, Vaghela

Upholding labour rights, Nehruvian scientific temper, Rajni Patel opposed Emergency

By Harsh Thakor*  Rajni Patel, who died 40 years ago, whatever his flaws, had one great quality: his human touch to offer selfless service and ability to galvanise or influence human beings from all walks of life. Few people would ever go out of the way to help someone or serve as selflessly without aim of personal gain. Rajni championed Nehruvian secular ideas and scientific temper. As a master in public relations he revealed utmost humility. As a barrister, he never appeared against the trade unions or workers. A Fabien Socialist he opposed liberal capitalism and radical socialism. Unlike most lawyers, he did not succumb to the lure of amassing wealth. Rajni was born in Sirsa, in Gujarat, on the very day Gandhi set foot on Indian soil, on 9th January, 1915. He gained his baptism through one of Gandhi's speeches calling for the boycott of foreign goods, which was the virtual turning point of his life. Rajni toed Gandhi to organise boycott of foreign goods. Rajni was able to cros

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

UK leader cites Indian farmers' struggle one of top global fights against neoliberal order

Counterview Desk  Jeremy Corbyn, member of the UK Parliament, former leader of the UK Labour Party and founder of the  Peace and Justice Project , in his  inaugural speech to the  Progressive International’s  Summit at the End of the World on May 12, 2022, has said, what is happening across globe suggests that "image of apocalypse -- bombs and raids, oil spills and wildfires, disease and contagion -- is a reality for people across the planet." In an adaptation of his speech, distributed by  Globetrotter , Corbyn, however, said, there are fresh examples action, too -- by Indian farmers forcing Prime Minister Narendra Modi to withdraw three neo-liberal laws;  by workers, communities and activists against the top giant multinational Amazon's "greed and exploitation"; and by Latin American people's struggle to say "no more to the domination by imperialism, the destruction of their communities and the abuse of their environments." Stating that this is n

This Maoist justified US, western Europe's anti-Soviet stance, even Bhindranwale

By Harsh Thakor*  A glaring example of the extent to which those seeking to identify themselves as revolutionaries can go in making odd compromises with those normally considered as “class enemies” in Marxist jargon is late Kondapalli Seetharamiah. Few know that this Maoist organiser two decades ago was so enamoured by the Chinese three worlds theory that he called for a united front with the United States and other western countries against what he considered Soviet social imperialism! This wasn’t the only “compromise” Seetharamiah made during his career as a revolutionary. On Punjab he took a most eclectical stand of supporting Jarnail Singh Bhindranwale, thus soft-pedalling the terrorist Khalistani movement. Among his other opportunist alliances, about which few are aware of, include support to the Akalis in Punjab, on one hand, and the NTR Telugu Desam regime in Andhra Pradesh, on the other – all part of his anti-Congress thrust. Also known as KS, this Maoist started his career as

Welfare? Govt of India spends just 19% of manual scavengers' rehabilitation budget

By Bharat Dogra*  While the Dalit community has been always known for higher levels of poverty as well as social discrimination, even within the Dalits there is a sub-section known for even worse levels of poverty as well as social discrimination. This is the section which was traditionally involved in manual scavenging. The shocking injustice they have suffered from over the years has been widely recognized leading to a ban on manual scavenging. At the same time there is urgent need for the rehabilitation of those engaged in manual scavenging. Hence a self-employment scheme for the rehabilitation of those engaged in manual scavenging was drawn up. The allocations and the expenditure for this scheme for the last eight years are shown in the Table below: Union Budget for Self-Employment Scheme for Rehabilitation of  Manual Scavengers (in Rs crore) By Budget Estimate we mean the original allocation made when the budget is presented. It is clear from this table that the actual expenditure

Why is NIOH-ICMR 'official' making false claims on silicosis?: Health rights NGO

Counterview Desk In a letter to the Director General, Indian Council of Medical Research (ICMR), New Delhi, Dr Jagdish Parikh, trustee, health rights NGO People’s Training and Research Centre (PTRC), Vadodara, and Jagdish Patel, director, PTRC, have said that the claim being made for the use of biomarker for detection of silicosis raises concern about scientific tenacity of the diagnosis of the deadly occupational disease. The letter also objects to the reported claim by a top health official that it is possible to detect silicosis at the sub-radiological stage. It asks, “What is this subradiological stage of silicosis? We have not heard any such scientific term being used. Again, the report is using a term which is not found in any scientific literature so far. Is this term acceptable by ICMR? Is ICMR thinking of any explanation?” Text : This is with reference to our letter dated November 28, 2021. In our communication we had raised our concern about the scientific tena

Custodial death of Muslim youth: Govt of India told to ratify UN convention on torture

Counterview Desk  Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convenor, Programme Against Custodial Torture & Impunity (PACTI), Hooghly, West Bengal, in a representation to the chairman, National Human Rights Commission (NHRC), has drawn to the custodial death of a Muslim youth following his torture in police custody after registering a "false case" based on manufactured records. Seeking "proper investigation" the whole incident, Roy in his plea insists, the incident legitimizes his organisations' long-standing demand "for immediate ratification of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment." Text : Here I want to draw your kind attention to one incident of custodial torture by the Deganga police personnel and the subsequent custodial death of one Muslim man from the Other Backward Class community in Dum Dum Central Correctional Home. The name o