Delhi HC maintains JNU investigation against teachers for participating in protests

NEW DELHI: The Delhi High Court On Wednesday, the investigation initiated by Jawaharlal Nehru University (JNU) was suspended against its 45 faculty members for allegedly participating in a protest march in July last year.

Judge Suresh Kait requested the response of the UNJ administration to the teachers' request to challenge the charge sheets issued by the university team against 48 faculty members for allegedly participating in the strike/protest.

The court listed the matter on October 10 for an additional hearing.

The teachers, represented through the main defender Kapil Sibal, said they had sent individual responses to the program, notices of cause indicating that there had been no misconduct or violation of the rules, as the university alleges.

The petition, filed by 45 faculty members, said the charge sheets issued against him were based on three reasons to implicate them in the alleged investigation in bad faith.

One of the reasons was that the CCS Rules (Conduct) prohibit government officials from resorting to or provoking strikes, coercion or physical coercion in matters related to the service.

The petition, filed through defenders Abhik Chimni, Maanav Kumar and Nupur, also referred to an address of the higher court on their order of August 9, 2017 that imposed certain restrictions on the places of strikes/protests organized by students .

He said that the petitioners and professors of JNU in general They are not governed by the CCS Rules (Conduct).

He said that the JNU Teachers Association (JNUTA), through its General Body Meeting held on July 24, 2018, had proposed to organize a protest on July 31, 2018.

On July 30, 2018, JNUTA issued a letter to the Vice Chancellor of the university stating that he had tried to raise several genuine issues of concern and decisions taken by JNU, including repeated violations of the Law, Statutes and Ordinances, autonomy, teachers of JNU. Biometric assistance, online exam, IPR policy, proposed HEFA loan.

However, despite their best efforts, there was no response, dialogue or communication from the authorities and, in light of this, the teachers organized the protest march on July 31 of last year, he said.

In addition to the fact that the petitioners are not governed by the CCS Rules (Conduct), it is claimed that the very application of these rules and the accompanying penalties is very harmful to them.

If they are subject to this investigation under the CCS Rules (Conduct), there will be a serious risk that the respondents (authorities) will take coercive measures against them, including the suspension of the petitioners during the processing of the investigation; reduce payment - scale, qualification or your position at a lower stage for a specific period ... obligatorily withdrawal, expulsion or expulsion from the service, said the petition.

He added that teachers will suffer severe damage, both during the pendency of this process and as a result of the final sanctions that may be imposed on them.

The statement has grouped JNU, its vice chancellor and registrar as parties to the case.