Full Judgment Text
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PETITIONER:
DR. NARINDER SINGH POONIA
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 09/12/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
of the Division Bench of the Madhya Pradesh High Court,
Indore Bench, made on October 25, 1995 in W.P. No. 1349/95.
In this case, we are not concerned with the controversy
between the appellant and the University as to why the
latter kept the former under suspension etc. We are
concerned with the legality of the termination of the
project entitled "Chemical, Physico-Chemical Structural and
theoretical investigations of alkali and alkaline earth
cation systems-Chemistry of use to biological and geological
processes" on which the appellant was conducting research.
The Government of India in their order had put one of the
conditions for completion of project,
i.e., condition No.XIII which reads as under:
"The Dept. of Science and
Technology reserves the right to
terminate the grant the grant has
not been properly utilised or
appropriate progress is not being
made."
It would appear that there was some dispute between the
appellant and the University-Devi Ahilya University, Indore.
In this behalf, we are not concerned therewith, though the
appellant sought to place before us that he was not at fault
and on the other hand, the University was at fault in
preventing him to complete the project. Notice was issued by
this Court to the Union of India. Dr. R.C. Srivastava,
Director in the Ministry of Science and Technology has filed
an affidavit in which he has stated in paragraph 10 of the
counter-affidavit thus:
"On 16.9.94, the Registrar has sent
the information through courier
service the current status of the
project and facts at that time.
Prof. Poonia PI, the appellant
herein was still under suspension
and Dr. Bajpai Co-PI had refused to
undertake the financial and
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Management responsibility of the
Project. Under those circumstances
and as per out DST Norms/Guidelines
the Project was terminated by the
Department on 22.9.94 at that stage
and requested University to submit
and settle the final expenditure on
the project and to return unspent
balance to DST if any and final
Technical Report."
In view of this report, we think that it being a
disputed question, we cannot decide the matter in the
appeal. Under these circumstances, liberty is given to the
appellant to approach the Union of India and apprise them
that he did the research in the project as per the
guidelines and made necessary progress; and if it is not so,
to give the reasons therefor. If the Government is
satisfied, appropriate time may be given to the appellant
for completing the project. It would be for the Government
of India to take the decision in that behalf.
The appeal is accordingly disposed of. No costs.