Sikkim Univ Executive Council ‘breached rules of natural justice’, VC ‘string-puller’ of illegal actions

SIKKIM STATE HUMAN RIGHT COMMISSION COMES DOWN STRONG ON SIKKIM UNIVERSITY AND VC OVER ILLEGAL TERMINATION OF TEACHERS

HUMAN RIGHTS COMMISSION RECOMMENDS CANCELLATION OF TERMINATION ORDERS AND CLEARANCE OF ‘ILLEGALLY WITHHELD’ SALARIES; WANTS PROF. LAMA TO PAY COMPENSATION FROM HIS OWN POCKET

GANGTOK, 27 Sept: Two former Assistant Professors with the Sikkim University who were hounded for having protested what they saw as unfair practises, a stand which isolated them and then brought the stigma of getting terminated from service 15 days before their contract ran out, were served sweet justice by the Sikkim State Human Rights Commission today. In its order issued today, the Commission has not only recommended that the SU Executive Council’s decision to terminate their services be “forthwith cancelled”, but also identified Vice Chancellor Prof Mahendra P Lama as being the “string-puller” of the entire illegality and recommended that he “personally” pay out compensation awarded by the Commission to the affected teachers.
The case relates to the complaint filed with the State Human Rights Commission by Rajendra Prasad, Manoranjan Mishra, Shailendra Kumar Mishra and Tapas Bain challenging the decision of the Executive Council of Sikkim University to terminate the services of Mr. Prasad and Mr. Mishra and the continuing refusal of the University authorities to clear their salaries or issue them experience certificates. The terminated duo were removed from service on 16 March 2012 on the recommendation of the Executive Council [made the same day in Delhi] on the grounds of misconduct while the contracts of Mr. Mishra and Mr. Bain had already run on 27 February 2012.
In a strongly worded, 24-page order released today, Justice AN Ray, Chairperson, Sikkim State Human Rights Commission, has recommended that “Sikkim University, its Executive Council and all concerned office bearers, employees and staff do forthwith cancel the proceedings and decisions of Executive Council dated 16/3/2012, New Delhi as it is a product of illegal initiation of proceedings and was reached in breach of rules of natural justice”.
The Executive Council’s pusillanimity in allowing the VC to settle scores established, the set of recommendations goes on to direct that the SU forthwith release the “illegally withheld” salaries of the four petitioners. The University, citing various reasons, all of which have been dismissed by the Commission as untenable, had withheld the final salary dues of the four complainants.
These dues work out to Rs. 75,400 for Mr. Prasad [for Feb and March], Rs. 77,268 for Mr. Mishra [Feb and March], Rs. 36,252 for Mr. Shailendra Mishra [Feb 2012] and Rs. 35,552 for Mr. Bain [Feb 2012].
Earlier in the order, Justice Ray also observes: “There is absolutely nothing which prevents the University from paying the improperly withheld salaries. Any delay in this matter will be a downright matter of shame”.
The Commission has also recommended that the University immediately issue Experience Certificates to all four Assistant Professors.
The order then moves to the Commission’s recommendations on compensation. “Mahendra P Lama do personally pay out of his own funds compensation for illegal actions initiated and persisted in by him to the prejudice and loss of the petitioners to the extent of Rs. 2,44,000 in the following breakup: a) Rs. 1,20,000 forthwith to Rajendra Prasad; b) Rs. 1,20,000 forthwith to Manoranjan Mishra; c) Rs. 2,000 forthwith to Shailendra Mishra; d) Rs. 2,000 forthwith to Tapas Bain,” the order records.
While explaining the compensation angle, Justice Ray observes: “Withheld salary is not compensation but satisfaction of a debt that the University should discharge from its own resources immediately.”
Its decision to recommend that Prof Lama pay out the compensation from “his own funds” is drawn from the Commission’s “power to recommend payment of compensation by any person in authority at the material time”.
When it comes to the present case, the Commission underlines: “For example, it is found that the whole game was played by Lama and the rest of the University was led by him in this matter...”
The recommendation for compensation made, the Commission has further recommended that “as security for due payment by Mahendra P Lama, the Sikkim University its Executive Council and all it office bearers and employees do withhold from the current and future dues, if any, of Mahendra P Lama from the University a sum of Rs. 2,44,000/- and that they do make the payments as recommended in item IV above to the persons mentioned unless Lama makes full and complete payment by 15/11/2012”.
The order offers the complainants some sense of closure on the stigma attached to them because of the now established illegal manner in which the Executive Council terminated their services. Admittedly, the Human Rights Commission does not have “compulsive authority”, but as Justice Ray records, “...the strength of the recommendation is founded not upon compulsive authority, but upon the democratic pillars of reasonableness, correct setting out of facts and sufficiently persuasive quality of analysis in the recommending order”.
The case in question is the witch-hunt which hounded the four ever since they submitted a petition to the Executive Council of the University on 27 February 2012 challenging the recruitment process undertaken by the Vice Chancellor. Their decision to release copies of the complaint petition to the press was seen as an “anti University campaign” and the Executive Council in its meeting called by the VC in Delhi on 16 March 2012 decided the “punitive action shall have to be taken against those persons who try/ tried to defame the University on baseless grounds”. The EC then, allegedly after “prolonged deliberations”, decided that the services of Mr. Prasad and Mr. Mishra be discontinued with immediate effect.
Interestingly, at the same meeting, the EC also discussed the complaint submitted with it by the said faculty members.
The action against Mr. Prasad and Mr. Mishra began earlier on 06 March 2012 when they were served a show cause notice, “with the approval of the Vice Chancellor”, by the Registrar Jyoti P Tamang making an explanation call for breach of privilege because two newspapers [Samay Dainik and NOW!] had published details of their representation to the Executive Council.
The Registrar is not authorised to serve show cause notices to teaching faculty and as the Human Rights Commission has recorded, “there is no doubt that all these incidents took place at the behest of Lama”.
The served teachers responded by informing the Registrar that his show cause lacks authority, and the next they heard was of the termination of their services.
“Shocking indeed it is,” the Commission records of this sequence and conduct.
About the Executive Council’s eventual decision, the Commission records: “The Commission is not sitting in appeal over the decision of the Executive Council. But if findings are reached on no material at all, the decision is vitiated as perverse and discriminatory”.
The Commission observes that there is nothing, “absolutely nothing at all”, to show that the Executive Council when it met in New Delhi on 16 March 2012 had any material before it to “jump to the conclusion that the press releases were made by Rajendra”.
“The finding of releases to Press by the teachers was no more than a guess work by the Executive Council on 16/3/2012. It might have been a strong guess but it was nothing more than guess. The Executive Council was not betting on a horse at a racing track. They were terminating employments of serious teachers with stigma to whom the profession is bread and butter,” the Justice underlines.
This insensitivity and ignorance notwithstanding, the EC also bungled is not providing the terminated teachers a chance to defend themselves [a right enshrined in the Sikkim University Act] and thereby denying them natural justice. “It is today clear Indian Law that the employment of a public servant cannot be terminated with imputation of misconduct without observing the rules of natural justice,” the Human Right Commission order points out.
The Commission has also noticed that in the entire drama, “there is no opinion of Lama on record that immediate action is necessary. Though Lama now appears to have been the sole string puller behind everybody...”
It will be interesting to see how the University, as an institution, responds to the Human Rights Commission recommendations and what corrective measures, if any, it initiates. The University has been noticeable casual in attending to this case, with the final two-day hearing of the case – 21 and 22 February - having no representation of the University despite adequate notice. On 21 February, the SU counsel intimated the Commission that she was unwell and even her junior advocate was absent. As Justice Ray records, a University letter informed that the Junior Advocate had gone elsewhere and a letter seeking adjournment was left at the desk of his private secretary a day earlier and no one represented the University on the final two days. “It is unsatisfactory and inexcusable. But it is their business,” the Justice records.

ASDLF demands proper enquiry into the Sun Pharma mishap

GANGTOK, 02 Sept: Following a visit to the Sun Pharma complex at Setipool where five labourers were crushed to death in a boundary wall collapse on Thursday night and Central Referral Hospital here [where one of the injured labourer is recuperating], the All Sikkim Democratic Labour Front [ASDLF] held an emergency meeting on 31 August.
The meeting was held under the chairmanship of its vice president BM Ramudamu.
In the meeting, ASDLF condoled the demise of five workers in the mishap that took place at the Sun Pharma construction site on 30 August.
As per an ASDLF press release, the meeting resolved that while it is too early to comment on the exact cause of the mishap, heavy rainfall as a possible cause can be ruled out. The reasons given for this were that the wall was newly constructed [only around 6 months old] and was not hit by any flood or heavy boulders, it was not flooded or collapsed from the base, the foundation was still intact which points towards defective or poor quality work and the foundation/base is not displaced or flooded.
It was noted that the temporary sheds for workers, on one of which the wall collapsed, were obviously unsafe and should not have been kept at the present site. The release adds that it was also learnt that the workers were neither registered with the Labour Department nor with the Buildings and Other Construction Workers Welfare Board and alleges that “it is nothing but exploitation of workers and is a crime”.
The meeting finally resolved to request the concerned authorities/ departments for early and fair enquiry into the tragic incident to bring the culprits to book, the injured worker Hemant Kumar to be given satisfactory treatment and compensated accordingly and early justice delivered to the family of the 5 diseased workers of Jalpaiguri district of West Bengal with their rightful compensation as per Employees Compensation Act.

Sun Pharma assures compensation for wall collapse victims

GANGTOK, 02 Sept: Sun Pharma Sikkim has assured a sum of Rs 2 lakh as ex-gratia compensation for each of the deceased contract workers who lost their lives in the boundary wall collapse of 30 August.

A press release from Sun Pharma informs that in addition, injured workers have been offered Rs 20,000 each and appropriate arrangements have been made to take care of medical bills related to the mishap.

Arrangements were also made to escort the bodies of the workers to their village in West Bengal, the release adds.

Nom-Panang villagers receive compensation for crop damages

MANGAN, 23 July: The Department of Forest, Environment and Wildlife Management provided compensation for crop damages to 28 houses of Nom-Panang village of Saffo Passingdang GPU in Upper Dzongu, North Sikkim today. Wild bears entering from Lingdem and Leek Reserve Forest had earlier caused damages to the standing crops such as maize and other vegetables of the Nom-Panang villagers.
The compensation was handed over to the villagers in the presence of ST Lachungpa (ACF KNP) along with TW Lachungpa (Range Officer KNP), ward panchayat, Tshering Lepcha and other forest officials. On the day, forest officials urged the villagers not to kill the wild animal as the department is providing compensation for damages caused by such animals.
Also on the day, eight villagers of the Lingthem-Lingdem were provided compensation for cattle lost to wild bear attacks. It may be mentioned here that the village of Nom-Panang is often at risk of such attacks by wild animals which have damaged crops and killed livestock in the past.
It was informed that a team from the Forest department headed by the DFO North, Sugen Saring visited the spot where attacks were reported from. The villagers were also provided with fire crackers in order to keep wild animals off their fields.

Public aggrieved with Teesta Urja’s disinterest in settling compensation due for land damaged by tower installations

MANGAN, 13 April: Affected landowners of the 1,200MW Teesta Stage III being developed in North Sikkim are aggrieved with their demand of compensation for property damaged by the project developer, Teesta Urja, remains unaddressed. The complainants are those whose land was acquired for erection of towers to carry high tension power transmission lines. They are upset that their land, approach roads and footpaths were damaged in the tower installation process, but now compensation entertained thus far.
Landowners from the villages of Pathuk, Chandey, Kokaley, Ralap, singbel, Tibuk and Lower Mangshilla, contend that they could not sow seasonal crops on the plots of land near the tower sites since it was under construction. They rue that now that some towers have been completed, they find the surrounding fields left in extensively damaged condition.
“Our cardamom and other plantations have been damaged by the muck taken out from the foundation and even the road and CC footpath have been badly damaged while transporting the machines and other materials,” informed some landowners while speaking to NOW!
“Now we have heard that the Teesta Urja had commissioned the work to some other company,” informed another landowner, underlining that they do not know whom to approach for du compensation.
“The company had assured that we would be paid for damage to our land before they started the installation of tower and that we would also be paid rent. We have been paid only for the land measuring 30X30 feet where the towers have been installed. We were not aware at that time that our agricultural land surrounding the construction sites would be damaged like this,” they add.
“For the last six months no representative from the company has visited the area and the monsoon could prove dangerous for the houses situated below the towers. We will not allow further work to be carried out unless we are paid the damage compensation for our land,” said Kewal Das Chettri of Takjer basti under Pathuk ward.
Similarly, Purna Bahadur Chettri, another landowner, informed that he had earlier approached the company officials regarding the matter but was told that another company would be paying the compensation.
“The irrigation channel in my land, along with other tracts, has been damaged by the movement of excavators,” claims Jit Bahadur Rai.
The landowners have demanded that the representatives of the company should meet the landowners and solve the problem as soon as possible.

PMGSY affected at Labing protest delay in release of compensation

GANGTOK, 09 Mar: The affected people of Labing in West Sikkim have expressed their dissatisfaction over the delay in the distribution of land compensation for a PMGSY Road even after 3 years have passed since the project began. The people have alleged that on 03 March 2009, the PMGSY Road from Lower Labing to Upper Gerethang was dug but the affected people have not received the compensation as yet.
A press release singed by 47 persons of Labing informs that the compensation and house assessment bill has been pending with the RMDD Accounts Section since September 2011. The release further states that upon enquiring with the Senior AO at that time they were told that there was no budget and that the compensation would be released by Diwali. That was last year, but the compensation is still due.
Now, the complainants have announced that until the compensation is released they will not allow work on the road to progress. They have appealed to the Chief Minister to look into the matter and resolve it in their favour.

NHPC paid Rs. 75 lakh as ‘damage compensation’ for unauthorized dumping, confirm forest officials and Cabinet proceedings

ANAND OBEROI
GANGTOK, 05 Mar: With the National Hydroelectric Power Corporation [NHPC] claiming that the news-report “NHPC fined Rs. 75 Lakh for irresponsible dumping of waste” [published in NOW! dated 28 February 2012] as being ‘misleading’ and ‘misreported’, some facts have come to light and the report stands correct. NHPC, in a rejoinder [read NOW! dated 05 March 2012], has claimed that it was not fined at that it had “agreed to pay Rs. 74.5 lakh to Forest Department for strengthening and improving the protection works in the vulnerable areas on recommendation of a committee consisting of officials of NHPC & Forest Department” to amicably settle an old dispute.
It has been confirmed that the Forest Department was convinced that NHPC had carried out illegal and unauthorized dumping of excavated debris and muck in the Singtam-Dikchu belt, extensively damaging government property in more than eight locations which include the Balutar river bank, Patuk Adit-III, Samdong Adit-II, Dikchu Dam site, Makha Reserve Forest, Road Reserve at Ghattey to Balutar, Lower Samdong, Elaichey Reserve Forest and various other small areas which fall under the Forest department.
Public Prosecutor for the Forest Department, Advocate Jagat Rai, confirmed that NHPC and the Forest Department had amicably settled the matter out of court in the presence of witnesses on 29 January 2011 and as per the said agreement both parties had compromised on the matter of settlement at Rs. 74.5 Lakh.
“The amount was clearly a compensation for damage which NHPC and the Forest department settled out of court. At the relevant time, when NHPC had carried out these illegal dumping there was enough evidence of extensive damage which had totaled the compensation package to a tune of around Rs 14 crore under the Forest Conservation Act 1980. However, the amount was reduced when the inspection committee visited these areas later,” explained Mr. Rai.
He also informed that the Civil Title Suit was first registered in the Court of the District Judge (East & North) Gangtok in 2002 and then transferred to the Special Division (1) in 2010. The long pending case reached a conclusion for the dispute on the basis of a settlement agreement dated 29.1.2011.
“An Injunction Order was passed against NHPC and the Sub-Contractor against illegal dumping, heaping excavated muck into the river bank, river reserve and other non-diverted forest land on the same day the Civil Title Suit was registered,” informed Mr.Rai.
Sources also reveal that NHPC, in the initial years of the filing of the case, had offered the Forest department a settlement package of Rs. 2 crore which was turned down by the department as the case was still in court [claiming Rs. 14 crore]. The Forest department wanted to continue fighting the case initially but with the case pending for almost ten years, it was decided that a settlement be reached instead.
BK Tewari, Conservator of Forests, Territorial, while speaking to NOW! today informed that the ‘damage compensation’ had been transferred to the Land Use circle/division of the Forest department for restoration recently and that protective work was being initiated. He explained that the devastation caused by unauthorized dumping by NHPC was extensive when it was first noticed by the locals and the Range Officer (RO) who filed the complaint with the department, but as time passed by the rain and the Teesta had already washed away most of the excavated muck.
“The investigation, compensation assessment for damage restoration was done by a joint committee which constituted forest officials and representatives of the NHPC much later by when most of the damage done had been eroded. Later, it was after the inspection by the committee that an estimate of Rs. 75 lakh was decided upon,” stated the CF.
It may also be informed that the proceedings of a Cabinet Meeting held on 28 November 2011 had also approved the proposal of the Forest, Environment & Wildlife Management department seeking permission to utilize Rs. 75,55,000 provided by the authority of NHPC/Teesta stage-V as “Compensation towards unauthorized dumping of muck and damaging the Government property at Dikchu Dam site and Elaichey Khola in East Sikkim.” The fund will be utilized to carry out the restoration work as mentioned in the Cabinet Memo.No.1222/GOS/FEWMD Dated 16.09.2011.

Scheme framed to compensate victims of crime

GANGTOK, 10 Jan: The State government has framed a scheme to provide compensation to victims who have suffered loss or injury as a result of a crime. Called the “Sikkim Compensation to Victims or his Dependents Schemes”, this was instituted in mid-2011 and not only provides for compensating victims but also their dependents according to the nature of loss or injury suffered. The compensation amount ranges from a minimum of Rs. 20,000 [for simple loss or injury to a child victim], to Rs. 2 lakh as compensation for loss of life due to crime. The scheme has been framed under the Code of Criminal Procedure.
In the context of this scheme, a victim is defined as a person who has her/himself suffered loss or injury as a result of crime and requires rehabilitation and includes the dependent family members.
A victim compensation fund is to be instituted by the state government and provided to the State Legal Services Authority whenever verified claims arise.
In fact, under the Scheme, a budgetary provision will be made each year in the state budget by the state government. An eligibility criteria has also been specified to identify and approve victims for compensation under this scheme which includes that the victim should not have been compensated for the loss or injury under any other scheme; this includes schemes under the centre or state or insurance company or any other institution. Moreover, such loss or injury should have caused substantial loss to the income of the family or has resulted in huge expense for medical treatment.  Where physical or mental rehabilitation of the victim is necessary grant of compensation can be applied for.
All claims will be examined by the district legal service authority for verification and make recommendations to the state legal service authority which shall decide the quantum of compensation to be awarded.
The time of limitation has been set at 3 years from the date of the crime.
The SLSA is also empowered to institute proceedings for recovery of the compensation amount awarded to the victim from the perpetrator of the crime. These proceedings, however, will have to be instituted in a court of law.

Particular of Loss or Injury	Maximum Limit of Compensation
Loss of life	Rs.2.00 lacs.
Loss of any limb or part of body resulting 80% or above handicap.	Rs.1.00 lakh
Loss of any limb or part of body resulting 40% & below 80% handicap.	Rs. 80,000
Assault on women disfiguring her face or any part of body by acid or any other weapon.	Rs. 30,000
Rape	Rs. 50,000
Rehabilitation	Rs. 30,000
Loss of any limb or part of body resulting below 40% handicap.	Rs. 30,000
Loss of injury causing severe mental agony to women and child victims in case like Human Trafficking.	Rs. 25,000
Simple Loss or injury to Child victim.	Rs. 20,000

Affected Chungthang residents demand compensation from Teesta Urja for loss of life and property to the Earthquake

GANGTOK, 01 Nov: Now that much of the confusion, uncertainty and apprehension surrounding the earthquake, its damages and subsequent assessment have settled down and with things appearing to be returning to their normal course the focus of the people who faced the brunt and brute force of the 18 September earthquake, particularly in Chungthang, has turned towards its possible causes and their earlier ire against the 1200 MW Teesta Urja Hydel project being developed at Chungthang.

Rs. 2.32 crore disbursed to cover 2,824 damaged houses

PHASE-II RELIEF HANDED OVER FOR EARTHQUAKE DAMAGE TO HOUSES IN GANGTOK MUNICIPAL CORPORATION
GANGTOK, 11 Oct: A total of Rs 2.32 crores in relief for house damages caused by the 18 September earthquake was disbursed, covering 2824 houses in the 15 wards of the Gangtok Municipal Corporation [GMC] here at GMC complex today.

Nearly 70% of the house damage compensations handed over, process to be completed by 15 Oct

COMPLAINTS, EVEN IF TELEPHONICALLY LODGED, BEING LOOKED INTO; REVIEW SCHEDULED AFTER FIRST PHASE COMPLETED
GANGTOK, 10 Oct: More than 70% of the compensation amount for victims of the 18 September earthquake has been disbursed all over the state. In terms of actual cash, this amount comes to approximately Rs. 33 crore for the entire state of Sikkim with East District accounting for a major share of just over Rs. 16 crore followed by South District where over Rs. 5 crore has been disbursed; in West district, the amount disbursed to victims having suffered house damages is around Rs. 3.5 crore and in North it is informed to be just over Rs. 3 crores as of now.

Strict instructions issued on earthquake compensation disbursement process

GANGTOK, 10 Oct: The State Government has issued strict instructions as to how the compensation to people whose houses have been damaged by the 18 September Earthquake is to be distributed. The BDOs have been made responsible for the disbursement process. As per the instructions, the names of listed victims submitted by the BDOs cannot be changed or replaced under any circumstances and in case of objections on genuineness of claim, the release of compensation to such individuals is to be kept pending; these will be released only on completion of thorough enquiry.

North farmers compensated for crops lost to wildlife intrusions

MANGAN, 26 June: The Forest Department’s wildlife division on 25 June, disbursed compensation to the farmers for crop damage suffered by them due to wild animals within the buffer villagers of the Khangchendzonga Biosphere Reserve. This disbursement was held under the “Integrated Development of wildlife habitats of Khanchendzonga National Parks 2010-2011” scheme. The disbursement programme was held here at Namprikdang Forest Bungalow in Upper Dzongu, North Sikkim.