Lok Sabha Question No. 2817 (UNSTARRED), answered on 2015-08-06
Subject: Court Cases
Ministry: TEXTILES
Asked by: DIPSINH SHANKARSINH RATHOD

LOK SABHA

UNSTARRED QUESTION NO.2817

TO BE ANSWERED ON 06.08.2015

**Court Cases**

2817. 	SHRI D.S. RATHOD:

Will the Minister of TEXTILES वस्त्र मंत्री

be pleased to state:

(a) 	whether the Government has any data of court cases against the staff members of National Institute of Fashion Technology (NIFT) in the country;

(b) 	if so, the details of the such court cases, State-wise; and

(c) 	the details of pending cases in courts?

उत्तर

ANSWER

वस्त्र राज्‍य मंत्री (स्वतंत्र प्रभार) (श्री संतोष कुमार गंगवार)

MINISTER OF STATE (INDEPENDENT CHARGE)

IN THE MINISTRY OF TEXTILES

(SHRI SANTOSH KUMAR GANGWAR)

**(a):** The employees of the NIFT file their cases before the Central Administrative Tribunal (CAT) for all service matters.  Appeal against the order of CAT lies in High Court.  NIFT does not maintain the data of the Court Cases against the staff members of NIFT in their personal capacity. As per the available records 1 case in CAT-Kolkata , 6 cases in High Court-Chennai & 1 case in CAT-Ernakulam Bench Kannur are pending against the staff members of NIFT in India.

| **State wise NIFT campus**   | **CAT**   | **High Court**   |
|------------------------------|-----------|------------------|
| **NIFT Bengaluru**           | **0**     | **0**            |
| **NIFT Bhopal**              | **0**     | **0**            |
| **NIFT Bhubaneswar**         | **0**     | **0**            |
| **NIFT Chennai**             | **0**     | **6**            |
| **NIFT Gandhinagar**         | **0**     | **0**            |
| **NIFT Hyderabad**           | **0**     | **0**            |
| **NIFT Jodhpur**             | **0**     | **0**            |
| **NIFT Kangra**              | **0**     | **0**            |
| **NIFT Kannur**              | **1**     | **0**            |
| **NIFT Kolkata**             | **1**     | **0**            |
| **NIFT Mumbai**              | **0**     | **0**            |
| **NIFT New Delhi**           | **0**     | **0**            |
| **NIFT Patna**               | **0**     | **0**            |
| **NIFT Shillong**            | **0**     | **0**            |
| **NIFT Head Office**         | **0**     | **0**            |

**(b):**

**(c):** Details of the pending cases are annexed.

| **Sr. No**              | **O.A. No /W.P. No./M.A. No./etc.**  **&**  **Name of the Court**                                    | **Full Name of the Petitioners**  **&**  **Respondents**                                                                                                                                                                                                                                                                                           | **Name of the Advocate from NIFT's Side & whether he/she attended the hearing or not**   | **Brief of the Court Case**                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | **Date of Admission of the Case**   | **Affidavit,  Vakalatnama, Reply etc. filed by NIFT or not**   | **Last Date of Hearing & name of the NIFT Official who attended the hearing**   | **Next Date of Hearing**                       | **Current Status & Reason for pendency, if any**                                                                                                                         |
|-------------------------|----------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------------------|------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| **NIFT Chennai Campus** |                                                                                                          |                                                                                                                                                                                                                                                                                                                                                        |                                                                                              |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |                                     |                                                                |                                                                                     |                                                |                                                                                                                                                                              |
| 1.                      | W.P. No. 25635 of 2013  Hon’ble High Court, Madras                                                       | S.Wilson Sunararaj  Vs  Sh. R. Russel Timothy, Professor, NIFT Chennai  DG NIFT  Union of India (through its Secretary, MoT)                                                                                                                                                                                                                           | --                                                                                           | A Writ Petition under 226 of the Constitution of India was filed by Shri. S. Wilson Sundararaj in the Hon’ble High Court of Madras for issuance of quo warranto.  The prayer of the applicant is as follows:  The first respondent has passed B. Sc (Physics) and M. Sc (Physics).  Hence he has not qualified for the Assistant Professor, Associate Professor or Professor and how he got the appointment and got promotion as Associate Professor subject to condition and thereafter as Professor that too retrospective benefit is a mystery.  The first respondent is disqualified not entitled to hold any post under the recruitment rules as Assistant Professor or Associate Professor or Professor and all the more he was offered even to the post of Director and is challenging before the CAT.  The first respondent is not qualified for Assistant Professor, Associate Professor or Professor and he is holding the charge as Professor. He claims as Professor in NIFT, Chennai illegally. His continuance in office is against public interest contrary and illegal.  The above writ petition is not listed so far.  It seems that Mr. Russel Timothy the 1st respondent in the above writ petition has not filed any reply statement for the above writ petition and 2nd respondent and 3rd respondent have also not filed the reply statement for the above writ petition.  NIFT has to file reply statement immediately. | --                                  | --                                                             | Pending  Not listed                                                                 | Not Listed                                     | NIFT has submitted the reply statement to our Advocate for filing before the Hon’ble Court to defend the case.  The Matter is not listed so far.                             |
| 2.                      | WP No.     of 2015  High Court of Madras  (Against OA No. 1416 of 2013 on the file of CAT, Madras Bench) | DG, NIFT, New Delhi  The Chairperson, BOG, NIFT, New Delhi.  Vs.  Union of India represented by Secretary to Government, Ministry of Textiles, Govt of India, New Delhi.  Dr. Anitha Mabel Manohar, Professor & Acting  Director, NIFT, Chennai  Mr. Russel Timothy, Professor, NIFT, Chennai  Registrar, Central Administrative Tribunal, Chennai |                                                                                              | Aggrieved upon the Impugned Order dated 03.12.2014 on OA No. 1416 of 2013, of Hon’ble CAT, Madras Bench restraining Petitioner from appointing the 3rd respondent as Campus Director of NIFT, Chennai.  A Writ Petition under 226 of the Constitution of India has been filed by NIFT in the Hon’ble High Court of Madras for issuance of Writ of Certiorarified  Mandamus or any other Order in the nature of a Writ calling for the records pertaining to the impugned order dated 03.12.2014 passed in O.A. No. 1416 of 2013 by the Hon’ble CAT, Madras Bench and set aside the same, and consequently permit the Petitioner Institute to issue fresh orders of appointment to the selected persons to the post of campus Director- Chennai,  and pass such further or other orders as deemed fit and proper in the circumstances of the case and thus render justice.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      | 10.09.13                            | --                                                             | Date will be known after Court Summer vacation                                      | Date will be known after Court Summer vacation | The respondents have to file a reply statement                                                                                                                               |
| 3.                      | WP No.     of 2015  High Court of Madras  (Against OA No. 1610 of 2013 on the file of CAT, Madras Bench) | DG, NIFT,  The Chairperson, BOG, NIFT  Vs.  Union of India represented by Secretary to Government, Ministry of Textiles, Govt. of India, New Delhi.  Dr. Anitha Mabel Manohar, Professor & Acting Director, NIFT, Chennai  Mr. Russel Timothy, Professor, NIFT, Chennai  Registrar, Central Administrative Tribunal, Chennai                       |                                                                                              | Aggrieved upon the Impugned Order dated 03.12.2014 on OA No. 1610 of 2013, of Hon’ble CAT, Madras Bench declaring that the Advt. No. 18/2013-Estt published in July 2013 calling for application for the post of Campus Director, NIFT, Chennai as contrary to law and consequently declare that any selection made for the said post as illegal and non-est in law.  A Writ Petition under 226 of the Constitution of India has been filed by NIFT in the Hon’ble High Court of Madras for issuance of WRIT OF CERTIORARIFIED MANDAMUS or any other order in the nature Writ, calling for the records pertaining to the impugned order; dated 3-12-2014, passed in  O.A.No.1610 of 2013,by the Hon’ble Central Administrative Tribunal Chennai-Bench and set aside the same, and pass such further or other orders as deemed fit and proper in the circumstances of the case and thus render justice.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         | --                                  | --                                                             | Date will be known after Court Summer vacation                                      | Date will be known after Court Summer vacation | The respondents have to file a reply statement                                                                                                                               |
| 4.                      | WP No.     of 2015  High Court of Madras  (Against OA No. 1028 of 2014 on the file of CAT, Madras Bench) | DG NIFT  The Chairperson, BOG, NIFT.  Vs.  Union of India represented by Secretary to Government, Ministry of Textiles, Govt of India, New Delhi.  Dr. Anitha Mabel Manohar, Professor & Acting Director, NIFT  Mr. Russel Timothy, Professor, NIFT, Chennai  Registrar, Central Administrative Tribunal, Chennai                                  | --                                                                                           | Aggrieved upon the Impugned Order dated 03.12.2014 on OA No. 1028 of 2014, of Hon’ble CAT, Madras Bench challenging the order dated 22.02.2013, promoting the Timothy Russel as professor and consequently prayed for a direction to revert Timothy Russel as Associate Professor.  A Writ Petition under 226 of the Constitution of India has been filed by NIFT in the Hon’ble High Court of Madras for issuance of WRIT OF CERTIORARIFIED MANDAMUS or any other order in the nature Writ, calling for the records pertaining to the impugned order; dated 3-12-2014, passed in O.A.No.1028 of 2014,by the Hon’ble Central Administrative Tribunal Chennai-Bench and set aside the same, and pass such further or other orders as deemed fit and proper in the circumstances of the case and thus render justice.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            | --                                  | --                                                             | Date will be known after Court Summer vacation                                      | Date will be known after Court Summer vacation | The respondents have to file a reply statement                                                                                                                               |
| 5.                      | WP No. 2757 of 2015  High Court of Madras                                                                | Russel Timothy,  Chennai  Vs  Union of India represented by Secretary to Government, Ministry of Textiles  The Chairperson, BOG, NIFT, New Delhi.  DG, NIFT, New Delhi  &  Dr. Anitha Mabel Manohar, Professor & Acting Director, NIFT, Chennai                                                                                                | Sh. A. K.Gumaraguru, Sr. Panel Counsel, Govt. of India                                       | A Writ Petition under 226 of the Constitution of India was filed by Mr. R. Russel Timothy in the Hon’ble High Court of Madras for issuance of Writ of Certiorari or any other Writ, Order or Direction in the nature of a Writ of Certiorari calling for the records comprised in O.A. No. 1028 of 2014 and quashing the Common Order dated 03.12.2014 reverting the petitioner from Professor to Associate Professor passed in OA No. 1028 of 2014 by the Hon’ble CAT, Madras Bench and pass further or other orders as the High Court may deem fit and proper in the facts and circumstances.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                | 19.01.15                            | --                                                             | 24.02.15                                                                            | --                                             | Draft reply submitted to NIFT Advocate for vetting & filing the reply statement. Since, the ongoing court summer vacation, the reply will be filed in the month of June 2015 |
| 6.                      | WP No. 2758 of 2015  High Court of Madras                                                                | Russel Timothy,  Chennai  Vs  DG, NIFT, New Delhi  &  Dr. Anitha Mabel Manohar, Professor & Acting Director, NIFT, Chennai                                                                                                                                                                                                                     | Sh. A. K.Gumaraguru, Sr. Panel Counsel, Govt. of India                                       | He has requested to call the records comprised in O.A. No. 1416 of 2013 and quashing the common order dated 03.12.2014 passed in O.A. No. 1416 of 2014 by Hon’ble CAT, Madras Bench and consequently direct the 1  st  Respondent to revive the appointment of the petitioner as Campus Director NIFT Chennai.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 | 19.01.15                            | --                                                             | 24.02.15                                                                            | --                                             | --                                                                                                                                                                           |
| **NIFT KANNUR CAMPUS**  |                                                                                                          |                                                                                                                                                                                                                                                                                                                                                        |                                                                                              |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |                                     |                                                                |                                                                                     |                                                |                                                                                                                                                                              |
| 7.                      | Crl.M.P.No.130/2012 in RC(4)/2012  CAT, Ernakulam                                                        | CBI  Vs  C.Gopal, Assistant, NIFT, Kannur                                                                                                                                                                                                                                                                                                              | As it is CBI case against Mr.C.Gopal, there is no Advocate from NIFT side                    | CBI case against Mr.C.Gopal, Assistant for illegal demand of gratification.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    | 23.01.12                            | Affidavit filed by CBI                                         | 18.06.15  Hearing not held on 18.06.15  Next date of hearing is not fixed yet.      | --                                             | --                                                                                                                                                                           |
| **NIFT KOLKATA CAMPUS** |                                                                                                          |                                                                                                                                                                                                                                                                                                                                                        |                                                                                              |                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                |                                     |                                                                |                                                                                     |                                                |                                                                                                                                                                              |
| 8.                      | O.A. No. 350/00908/2015  Hon’ble CAT                                                                     | Bibekananda Banerjee  Vs  NIFT Kolkata (through JD- in service)  DG NIFT  Mrs. Jyoti Mehta, CVO, NIFT  Ms. Ahana Majumder, Assistant Professor, NIFT                                                                                                                                                                                                   | Ms. Pranati Goswami, Senior Counsel, Group -                                                 | The case has been filed by                 Sh. Bibekanada Banerjee in The Central Administrative Tribunal (CAT), Calcutta bench challenging NIFT Head Office, New Delhi orders dated 06.05.2015 and 13.05.2015 regarding issuance of show cause notice and suspension of contract post of Campus Director and posting to NIFT Bhubaneswar campus respectively.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 | 23.06.15                            | Yes                                                            | 23.06.15                                                                            | 23.07.15                                       | The case was listed on 21.07.2015. However, the hearing was not held on that date. The next date of hearing of the case has been fixed on 23.07.2015].                       |

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