Dr. Parikshit Charan Vs Shri Puneet Dalmia

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2025:CGHC:9727

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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ORDER RESERVED ON 12.02.2025 ORDER DELIVERED ON 25.02.2025

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CONT No. 107 of 2025

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1 - Dr. Parikshit Charan S/o Shri Mool Singh Charan Aged About 49 Years R/o Flat No.5, Block-1, Faculty Residency, I.I.M., Raipur, District- Raipur (C.G.)

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2 - S.C. Bhattacharya S/o Late S.N. Bhattacharya Aged About 71 Years R/o House No. 2976/52, Ganga Vihar Colony, Amlidih, Raipur, District- Raipur (C.G.)

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... Petitioner(s)

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versus

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1 - Shri Puneet Dalmia Board Of Governors, Indian Institute Of Management, C/o Dalmia Bharat Limited, 11 And 12 Floor, Hansalaya Building, 15 Barakhamba Road, New Delhi. 110001

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2 - Shri P.K. Banerjee Member Of Board Of Governors, Indian Institute Of Management, Cum-Joint Secretary, Department Of Higher Education, Ministry Of Education, 230-C, Shastri Bhawan, New Delhi, 110001

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3 - Dr. Vijay Chauthaiwale Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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4 - Professor Utkarsh Majumdar Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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5 - Shri Bhupesh Dinger Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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6 - Shri Anand S. Sancheti Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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7 - Ms. Anuradha Paraskar Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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8 - Ms. Pooja Beria Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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9 - Ms. Archana Bhaskar Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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10 - Shri Praveen K. Gupta Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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11 - Smt. Surekha Marandi Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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12 - Dr. S. Bharathi Dasan Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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13 - Professor Ram Kumar Kakani Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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14 - Professor Sumeet Gupta Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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15 - Professor Jagrook Dawra Member Of Board Of Governors (I.I.M.), C/o Chief Administrative Officer, Indian Institute Of Management, Raipur, District Raipur, Chhattisgarh. 493661

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... Respondent(s)

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For Petitioner(s) : Shri Sudeep Johri, Advocate For Respondent No.15 : Dr. Shiv Kumar Shrivastava, Advocate

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(Hon’ble Shri Justice Arvind Kumar Verma)

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CAV Order

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The present petition has been filed alleging the non-compliance of the order dated 19.12.2024 passed by this Court in W.P.S. No. 8391/2024 whereby the grievance of the petitioners stating that their pending appeal dated 9.10.2024 may be decided within a period of ten days and till then the departmental enquiry pending against the petitioner shall remain stayed.

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Learned counsel for the petitioners submits that the petitioner No.1 is the Associate Professor of Indian Institute of Management, Raipur and he is being defended by the petitioner No.2 in the Departmental Enquiry being initiated by the Director of Indian Institute of Management and since both the petitioners have been under physical and mental harassment by the respondent No.13, had preferred WPS No. 8391 of 2024 and has challenged the orders and inaction of the Members of the Board of Governors. After

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considering the submissions of the counsel for the petitioners, it was directed to the respondent No.2 to decide the pending appeal of the petitioner dated 9.10.2024 within a period of 10 days from today and till the appeal preferred by the petitioner is decided, the departmental enquiry pending against the petitioner shall remain stayed.

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It is submitted by learned counsel for respondent No.15 that soon after receipt of order dated 19.12.2024 of this Court, special meeting of Board of Governor, IIM, Raipur was called on 23.12.2024 and 27.12.2024 and therefore it was decided as under:

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“The Board after discussions and having gone through the application/appeal and the subsequent representations made by the CO, the response of the management of the Institute and legal opinion received from the Advocate, the Board was of the view that :

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(I) on reading of the relevant provisions of the IIM Act, 2017, IIM Raipur Regulations, 2021:

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(a) the board is empowered to constitute HR Committee to assist the Board in fulfilling its responsibilities and to approve all policy matters pertaining to human resource management, procedural codes, manuals governing recruitment, general conditions of services of employees of IIM Raipur.

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(b) Based on the same, the Board of governors of IIM Raipur in its 16^th meeting, on the recommendations of its HR Committee, adopted the HR Policy and Service Rules of the IIM Raipur. (c) Clause 20 “Disciplinary Rules” of the HR Policy and Service Rules authorizes:

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(I) the director of the institute to be the Disciplinary Authority.

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(II) Chairperson, HR Committee to be the First

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Appellate Authority; and

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(III) Chairperson, Board of Governors to be the Second Appellate Authority.

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(ii) One of the conditions of the appointment letter of the CO dated 1^st July 2019 is that he will be governed by the provisions of the IIM conduct/CCS (Conduct) rules, 1964 and CCS (CCA) Rule,s 1965. The CO has accepted the same at the time of joining the Institute ie. on 1^st July 2019.

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(ii) The application/appeal of the CO dated 21^st September 2024 is liable to be set aside on the grounds that the CO ha preferred application/appeal directly to the Chairperson, Board of Governors without making first appeal to the Chairperson, HR Committee. A such, there is no need to go into the merits of the application/appeal and the subsequent representations made by CO at this juncture.

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(iii) further the subsequent representations made by the CO including that made on 9^th October 2024 pertain to original application/appeal dated 21^st September 2024. As the original application/appeal is liable to be set aside, the subsequent representations are also equally liable to be set aside.

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In view of the same, the Board of Governors without going into merits of the case, hereby set aside the application/appeal of the CO dated 21^st September 2024 within a direction to the CO to follow the procedure as prescribed in the HR policy and service rules of the Institute. Thus the subsequent representations including that made on 9^th October 2024 by the CO in relation to the said application/appeal also stand disposed of as set aside.

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In the meeting, the BOG further resolved as under:

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“The CAO and Secretary, Board of Governors be and is hereby directed to issue an appropriate letter to the CO communicating the decision of the Board of Governors at the earliest, however, not later than 29^th December 2024 ie. within 10 days of the Order of the High Court.”

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Learned counsel for the respondent No.15 submits that the order under challenge has been complied with and today he has filed the relevant documents to this effect. He submits that soon after the receipt of order dated 19.12.2024 of this Court, special meeting of the Board of Governors of IIM, Raipur was called on 23.12.2024 and thereafter on 27.12.2024, the appeal was decided. He therefore submits that since the BOG has complied the order of the Hon’ble Court within time, the instant petition may be dropped.

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Considering the fact that the order has already been complied with and the objection filed by the petitioner has been decided, in the opinion of this court, the order passed in W.P.S. No. 8391/2024 dated 19.12.2024 has already been complied with therefore this petition is disposed of in the light of the aforesaid observation.

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Accordingly, the petition stands disposed of.

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Sd/-

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(Arvind Kumar Verma)

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Digitally signed by SUGUNA SUGUNA DUBEY DUBEY Date:2025.02.27 11:10:22 +0530

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Judge

Dr. Parikshit Charan v. Shri Puneet Dalmia

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Dr. Parikshit Charan v. Shri Puneet Dalmia

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