Singh Poonia Vs. Union of India & Ors  INSC 1563
(9 December 1996)
O R D
appeal by special leave arises from the judgment of the Division Bench of the
Madhya Pradesh High Court, Indore Bench, made on October 25, 1995 in W.P. No.
this case, we are not concerned with the controversy between the appellant and
the University as to why the latter kept the former under suspension etc. We
are concerned with the legality of the termination of the project entitled
"Chemical, Physico-Chemical Structural and theoretical investigations of
alkali and alkaline earth cation systems-Chemistry of use to biological and
geological processes" on which the appellant was conducting research.
Government of India in their order had put one of the conditions for completion
of project, i.e., condition No.XIII which reads as under:
Dept. of Science and Technology reserves the right to terminate the grant the
grant has not been properly utilised or appropriate progress is not being
made." It would appear that there was some dispute between the appellant
and the University-Devi Ahilya University, Indore.
this behalf, we are not concerned therewith, though the appellant sought to
place before us that he was not at fault and on the other hand, the University
was at fault in preventing him to complete the project. Notice was issued by
this Court to the Union of India. Dr. R.C. Srivastava, Director in the Ministry
of Science and Technology has filed an affidavit in which he has stated in
paragraph 10 of the counter-affidavit thus:
16.9.94, the Registrar has sent the information through courier service the
current status of the project and facts at that time.
PI, the appellant herein was still under suspension and Dr. Bajpai Co-PI had
refused to undertake the financial and Management responsibility of the
Project. Under those circumstances and as per out DST Norms/Guidelines the
Project was terminated by the Department on 22.9.94 at that stage and requested
University to submit and settle the final expenditure on the project and to
return unspent balance to DST if any and final Technical Report." In view
of this report, we think that it being a disputed question, we cannot decide
the matter in the appeal. Under these circumstances, liberty is given to the
appellant to approach the Union of India and apprise them that he did the
research in the project as per the guidelines and made necessary progress; and
if it is not so, to give the reasons therefor. If the Government is satisfied,
appropriate time may be given to the appellant for completing the project. It
would be for the Government of India to take the decision in that behalf.
appeal is accordingly disposed of. No costs.
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