CHANDIGARH: Amid the ongoing dispute over the functioning of Dr YS Parmar University of Horticulture and Forestry at Nauni in Solan district of Himachal Pradesh, the statutory and administrative machinery of the university, and the controversy surrounding Vice-Chancellor Dr HS Baweja, the issue of accepting his joining following his repatriation from deputation and granting him consequential service benefits has now added another layer to the dispute.
The development comes a day after the Himachal Pradesh Horticulture Secretary withdrew the Vice-Chancellor’s order divesting Registrar Siddhartha Acharya of his powers and directed officials to recognise him as the university’s Registrar.
Sources said Baweja rejoined the university on February 2, 2024, following his repatriation from deputation in Uttarakhand. An issue concerning the grant of all consequential service benefits to him was placed before the Board of Management (BoM) meeting held on August 12 as a spot agenda.
Taking exception to the last-minute insertion of the agenda, a representative of the Finance Department pointed out that the matter had not been discussed beforehand and, therefore, could not be examined at the meeting. Since the issue involved financial implications, the Finance Department had advised that a complete proposal, along with relevant facts, records and legal and administrative justification, be submitted to it for detailed examination. However, these observations were not taken into consideration.
The Finance Department also pointed out that the Vice-Chancellor could not be authorised to decide, influence or preside over a matter in which he himself was the direct beneficiary of substantial monetary and service benefits.
“Being an ex-officio chairman of the BoM entrusts him to ensure impartiality, and a person cannot adjudicate over his own cause. He ought to have completely recused himself from deliberating over such a matter besides presiding over such an agenda,” officials noted.
They further pointed out that the agenda required the Finance Department’s concurrence before being placed before the BoM to ensure neutral and independent decision-making, given the direct conflict of interest involving the Vice-Chancellor, who is also the chairman of the BoM.
In its letter dated September 14, the Principal Secretary (Finance), while recording the department’s formal dissent to the BoM minutes, clearly stated that all agenda items having financial and administrative implications should be furnished to the department at least 15 days before the meeting. This, the department said, would allow sufficient time for scrutiny, while agenda items received at the eleventh hour would be treated as having its dissent.
Since the agenda concerning Baweja’s dues was introduced as a spot agenda, the Finance Department recorded its dissent.
Another agenda item seeking to declare earlier BoM meetings convened after the expiry of the tenure of certain members as invalid has also not found favour with the Finance Department. Officials invoked Section 21(1) of the university Act, which expressly provides that no act or proceeding of a university authority shall be invalid merely because of a vacancy among its members.
The officials further noted that blanket invalidation of the proceedings merely on account of vacancies may not be legally sustainable. They also observed that the Registrar’s dissent against accepting the decision had merit and, since the matter also involved a potential conflict of interest as the Vice-Chancellor himself had headed the BoM, the issue required legal scrutiny before being accepted by the board.
Sources said that before rejoining the university, Baweja had been under suspension, owing to which his financial benefits had been kept on hold from February 1, 2024. Following his joining the university, his due benefits have, however, been paid since April last year.
An earlier BoM meeting had also granted prosecution sanction as sought by the CBI before further proceedings could be initiated.
Meanwhile, the state government on Tuesday clarified that Siddhartha Acharya would continue as the Registrar. “In the interest of ensuring faithful observance of the statutory scheme governing the university, it is hereby ordered that the order of the Vice-Chancellor is hereby withdrawn and shall be treated as inoperative and without legal effect,” the government order stated.
The order effectively set aside the directive issued by Baweja on Monday divesting Acharya of his administrative and statutory powers.
Baweja had stripped Acharya of his powers, citing alleged gross misconduct, insubordination, dereliction of duty and defiance of his orders. The charge of Registrar had subsequently been entrusted to Dr DP Sharma, Director of Extension Education, through an order issued on Monday evening.
Baweja had also sought police protection on Monday after fearing an attack by faculty members and locked himself in his office. Faculty members, meanwhile, claimed that they had been unable to meet the Vice-Chancellor for the past three months to raise their grievances, amid a commotion outside his office.