DEEPAK KEM Vs. JAMIA MILLIA ISLAMIA UNIVERSITY

JUDGEMENT

(1.) The appellant is aggrieved by the impugned judgment of a learned Single Judge of this Court, dated 16-9-2011, in a writ petition preferred by him (W. P. (C) 4918/2011) impugning an order dated 13-6-2011, removing him from the service of the respondent, the Jamia Milia Islamia Univeristy (hereafter "Jamia"). The removal order had given effect to the resolution dated 31-05-2011 of the Executive Council ('EC') of Jamia. The petition had also challenged the disciplinary proceedings initiated pursuant to a Memorandum by the Vice Chancellor ('VC') of Jamia, dated 2 nd March, 2010.

(2.) The Appellant was a senior lecturer from 7 th March 2002 to 4 th January 2007 when he was selected as a Reader in the Centre for Culture, Media and Governance ('Centre') at the Jamia. He was awarded a Ph.D. in 2005. He claims to have authored a book titled 'Democracy and Media' in 2007, which was published by Shri Publishers and Distributors, New Delhi. According to the appellant, the book "was a research compilation from various sources published mainly as a reference book for the students pursuing courses in mass media."

(3.) In September, 2009 one Mr Sanjay Dev, from an NGO in Ghaziabad (according to the Appellant)- approached him enquiring about a project completed by him on HIV/AIDS which was funded by UNESCO. The Appellant claims that Dev spoke to him about his book and his views on plagiarism; it is alleged that this was all the while, secretly recorded on video by Mr Dev and his accomplice and later telecast on CNEB TV channel under the title "Chor Guru". Soon, on 16-9-2009, the Director of the Centre sought an explanation from the Appellant about that TV program. Later, on 2 nd March 2010, the VC issued a Memorandum to the Appellant enclosing two articles of charge, and directed him to submit a reply within ten days. The first article of charge was that in his book titled 'Democracy and Media', the Appellant had copied portions from the book titled 'Media, Markets and Democracy' by C. Edwin Baker and published by the Cambridge University Press in 2001. The second article of charge was that the plagiarism- a topic of the programme "Chor Guru" telecast by CNEB had brought disrepute in public to the name of the Jamia Milia Islamia University. The Appellant replied, denying these charges. A retired judicial officer, Mr. SM Chopra, was appointed as an enquiry officer ('EO'). The Appellant participated in the enquiry. Evidence was led both by the University and the Appellant. On 20 th August 2010, the EO submitted his report holding the first article of charge to be proved and the second article of charge to be not proved. A copy of the report of the EO was forwarded to the Appellant for his comments.