New Delhi, August 15: The inquiry started by Jawaharlal Nehru University (JNU) against its 45 faculty members for allegedly participating in a protest march in July 2018 has been stayed by the Delhi High Court. The response of the JNU administration has been sought by Justice Suresh Kait on the plea by the teachers challenging the charge sheets issued by the University against as many as 48 faculty members for allegedly taking part in the strike/protest. The matter was listed on October 10 for further hearing by the court.
Teachers represented through Kapil Sibal
Represented through senior advocate Kapil Sibal, the teachers said that individual responses to the show cause notices were sent by them mentioning that there was no misconduct or violation of rules, as alleged by the varsity.
The petition was filed by 45 faculty members according to which, the charge sheet issued against them depended on three grounds for their implication in the alleged “mala fide inquiry”. One of the grounds was that there is the prohibition of the government servants from resorting to or abetting strikes, coercion or physical duress in matters pertaining to service, as per the CCS (Conduct) Rules.
Petitioners, JNU teachers not governed by CCS (Conduct) Rules
Filed through advocates Abhik Chimni, Maanav Kumar and Nupur, the petition also mentioned a high court direction in its August 9, 2017 order according to which, various restrictions were placed on locations of strikes/protests being held by students. Petitioners and JNU teachers, in general, are not governed by the CCS (Conduct) Rules, it stated.
It said that there was a proposal to organise a protest on July 31, 2018 by the JNU Teachers’ Association (JNUTA), through its General Body Meeting conducted on July 24, 2018.
“In addition to the fact that the petitioners are not governed by the CCS (Conduct) Rules, it is submitted that the very application of these rules and its accompanying penalties is highly prejudicial to them. If they are subjected to the present enquiry under the CCS (Conduct) Rules, there will be a grave risk of the respondents (authorities) taking coercive steps against them including placing the petitioners under suspension during the pendency of the enquiry; reducing the pay-scale, grade or their post to a lower stage for a specified period…. compulsorily retirement, removal or dismissal from service,” the petition stated.
JNU, its vice-chancellor and registrar have been arrayed as parties by the plea in the case.
