The Punjab and Haryana High Court has delivered a strong rebuke to the National Institute of Pharmaceutical Education and Research (NIPER) in Mohali, quashing its suspension of a faculty member and labeling the institute's actions as rooted in "malice in law."
Court Condemns NIPER's Malicious Action
In a significant ruling, a bench comprising Justice Rajesh Bhardwaj overturned the suspension of Dr. Prabal Banerjee, an assistant professor in the Department of Pharmaceutical Management at NIPER. The court found that the institute's decision to place Dr. Banerjee under suspension was not only unjust but was executed with a clear malicious intent.
The controversy began when Dr. Banerjee was suspended by NIPER on August 10, 2023. The suspension came shortly after he had submitted a detailed representation on August 7, 2023, addressing various service-related matters. The timing of the suspension immediately following his representation raised serious questions about the institute's motives.
Chronology of Events and Legal Battle
Dr. Banerjee's legal challenge against his suspension revealed a troubling pattern of administrative behavior. The court noted that the professor had initially approached the Central Administrative Tribunal (CAT), which had granted him interim relief on September 11, 2023. This relief temporarily stayed the operation of the suspension order.
However, NIPER responded by revoking the suspension order on September 29, 2023, only to issue a fresh suspension order on the very same day. This maneuver effectively circumvented the CAT's interim order, demonstrating what the High Court would later describe as a clear attempt to undermine the judicial process.
The court observed that "the act of the respondents in passing the second suspension order dated September 29, 2023, on the same day when the earlier suspension order was revoked, is nothing but a camouflage to overcome the interim order passed by the learned CAT."
Complete Victory for Suspended Professor
The High Court's judgment represents a comprehensive victory for Dr. Banerjee. Not only did the court quash both suspension orders dated August 10, 2023, and September 29, 2023, but it also directed NIPER to reinstate Dr. Banerjee immediately with all consequential benefits.
Most significantly, the court ordered that Dr. Banerjee be paid his full salary and allowances for the entire suspension period, treating the time as spent on duty for all practical purposes. This includes counting the suspension period towards his service benefits and promotions.
The judgment emphasized that the institute's actions constituted a clear case of victimization, stating that the suspension was directly linked to Dr. Banerjee's attempts to assert his legal rights regarding service conditions.
This ruling serves as a strong reminder to educational institutions about the proper use of administrative power and the protection of employees' rights against arbitrary actions.
