DR DEBPRASAD CHATTOPADHYAY vs M/o Health And Family Welfare on 30 December 2019

ORDER

WHEREAS an order placing Dr.Debprasad Chattopadhyay, Director, ICMR-National Institute of Traditional Medicine, Belagavi under suspension was made by Dr.Soumya Swaminathan, Former Director-General, ICMR on 28th August, 2017. The order of suspension was subsequently extended by the Competent Authority time to time as per rules till 22nd March, 2020. NOW THEREFORE, the undersigned in exercise of the powers conferred by clauses(c) of Sub-rule(5) of Rule 10 of Central Civil Servises (Classification, Control & Appeal) Rules, 1965, hereby revokes the said order No.Vig/25/2017 dated 6th/19th December 2019 of suspension of Dr.Debprasad Chattopadhyay with effect from the date of issue of the order. Dr.Debprasad Chattopadhyay is directed to join ICMR-NITM, Belagavi on 27.12.2019 as Director, ICMR-NITM, Belagavi and take over charge from Dr.SL.Hoti, Director-in-Charge, ICMR-NITM, Belagavi. Sd/- (Prof.Balram Bhargava) Disciplinary Authority, Secretary DHR and Director General, ICMR”

2. They also have passed an order relating to the punishment of censure that also we quote here:-

“Indian Council of Medicinal Research, Department of Health Research, Ministry of Health and Family Welfare,Government of India, No.Vig/25/2017(i) Dated 26th December 2019

ORDER

WHEREAS Dr.Debprasad Chattopadhyay, Director, ICMR-National Institute of Traditional Medicine, Belagavi was placed under suspension on 28th August, 2017 based on finding his involvement as per Preliminary Inquiry conducted on the irregularities during the period 10 months from August, 2016 to June, 2017 and a disciplinary case against him was initiated on the following charges for which charge sheet under Rule 14 of CCS (CCA) Rules, 1965 was issued: Article-I: That as a neutraceutical” Dr.Anwesha Bhowmik submitted that as Director, ICMR-National Institute of Traditional Medicine, Belagavi issued Institutional Animal Ethics Committee “Provisional Certificate” dated 22.6.2017 with fake certificate having forged signature of Dr.Prakash Geriyol, Main nominee of CPCSEA (External) w.r.t. NDPF project entitled, “Scientifically establishment of Inositol Hexa Phosporic acid (Phytic acid). Article-II: That while functioning as Director, ICMR-NITM was residing at Suite No.1 of NITM Guest House since 8th August, 2016 to June, 2017 as well as also claimed HRA for which he is not entitled. Article-III: That while functioning as Director, ICMR-NITM used official vehicles from August, 2016 to May, 2017 whereas he was drawing the Travelling Allowance for the period from August, 2016 to May, 2017 without entitlement. Article-IV: That while functioning as Director, ICMR-NITM had misused the power and irregularly appointed Ms.Shampa Saha without submission of Medical Fitness Certificate and Character Certificate by her for the post of DEP at the time of joining. Article-V: That while functioning as Director, ICMR-NITM allowed unauthorised stay at Guest house of Ms.Shampa Saha, DEO and Ms.Rashmi Das, Project Assistant. Article-VI: That while functioning as Director, ICMR-NITM done unauthorised use of Institute’s letter head for other personal purposes.

2. AND WHEREAS as denial of all the charges by Dr.Debprasad Chattopadhyay, Director (under suspension), Competent Authority has lastly appointed the Inquiry Officer Smt.Sarita Mittal, Additional Secretary, DHR, Ministry of Health & Family Welfare, New Delhi to inquire into the charges.

2.

3. AND WHEREAS Dr.Debprasad Chattopadhyay, Director (under suspension), ICMR-NITM, Belagavi had filed Original Application No.170/00463/2018 and OA No.170/00462/2018 before the Hon’ble Central Administrative Tribunal, Bangalore Bench, Bengaluru against the departmental enquiry proceedings. Hon’ble CAT has passed the order dated 07.09.2018 by quashing all the charges imposed against Dr.Debprasad Chattopadhaya, Director (under suspension), ICMR-NITM, Belagavi vide chargesheet issued to him except one charge regarding forged signature of Dr.Prakash Geriyol, main nominee of CPCSEA (External) and allowed the Departmental Proceedings against Dr.Debprasad Chattopadhyay, Director (under suspension) on the charge of forged signature.

4. AND WHEREAS the Inquiry Officer has conducted the inquiry on the charges mentioned at Article-I of the Charge sheet and submitted findings as under:-

(i) It is established that a provisional certificate (SE-8) for the project proposal by Dr.Anwesha Bhowmik entitled “Scientifically Establishment of Inositol hexa Phosphoric Acid (Phytic Acid) as a Neutracutical “ bear the signatures of Dr.Debprasad Chattopadhyay (CO) and Dr.Prakash Geriyol, CPCSEA Nominee, both dated 22.06.2017. The said certificate was issued on the letter head of National Institute of Traditional Medicine, Belagavi.

(ii) Signatures of Dr.Prakash Geriyol were forged as is evident from the statement of Dr.Geriyol in his deposition on 16/11/2009. Further no meeting of the IAEC Committee was held on or before 22/06/2017 to consider and approve the aforesaid project. IAEC was approached by the CO on 27/06/2019 for obtaining approval of the same.

(iii) It is not possible to specify the name of the person who forged the signatures of Dr.Geriyol on the provisional certificate as no conclusive evidence to this effect emerged during the enquiry. It is evident that this certificate was signed by the CO misrepresenting the fact that the project has been provisionally approved by the IAEC. Being Head of the Institution as well as Mentor for Dr.Anwesha Bhowmik, he should have ensured representation of true facts in the matter. The findings of above charge against Dr.Debprasad Chattopadhyay, Director (under suspension), ICMR-NITM, Belagavi stand PROVED.

5. AND WHEREAS, before processing the case further the inquiry report was sent to the Charged Officer, Dr.Debprasad Chattopadhyay, Director (under suspension), ICMR-NITM, Belagavi on 20th May, 2019 for his comments/reply. Dr.Debprasad Chattopadhyay had submitted his submission/comments vide his letter dated 24.05.2019 which was submitted before the Competent Authority.

6. AND WHEREAS on careful consideration of the inquiry Report, provisions of dealing the case under CCS(CCA) Rules, 1965, the Disciplinary Authority has come to the inescapable conclusion that Dr.Debprasad Chattopadhyay, Director (Under suspension), ICMR-NITM, Belagavi had committed the misconducts as mentioned above.

7. NOW THEREFORE under Rule 7 of ICMR Bye laws governing the conditions of service of the Council read with Rule 11(1) (minor penalties) of CCS (CCA) Rules 1965, under which the undersigned vested with the powers to impose minor penalties to Group ‘A’ Officers not above the Grade Pay of Rs.10,000/- ordered that Dr.Debprasad Chattopadhyay, Director, ICMR- National Institute of Traditional Medicine, Belagavi IS “CENSURED” and record to this effect is to be placed in his CAPAR. Sd/- (Prof.Balram Bhargava) Disciplinary Authority, Secretary DHR and Director General, ICMR”

3. Now what is remaining is, only, since the applicant has been reinstated back into service only to decide whether the suspension period can be regularized or not under FR.54 B. Let appropriate order be passed within the next one month. OA is, therefore, disposed off. No order as to costs. (CV. SANKAR )

(DR. K.B. SURESH)

MEMBER(A) MEMBER (J) bk.

Annexures referred to by the Applicant in OA.No.1194/2019 Annexure A-1: Copy of suspension order dated 28.8.2017 Annexure A-2: Copy of order dated 25/27/11.2017. Annexure A-3: Copy of order dated 23/26/2.2018. Annexure A-4: Copy of order dated 23/9/2019 Annexure A-5: Copy of order dated 26/6/2019 Annexure A-6: Copy of order dated 27/3/2019 Annexure A-7: Copy of order dated 19.12.2018 Annexure A-8: Copy of order dated 12/16/11.2018. Annexure A-9: Copy of order dated 17.8.2018 Annexure A-10: Copy of order dated 21.5.2018 Annexure A-11: Copy of memo dated 28.11.2017 Annexure A-12: Copy of Tribunals order dated 7.9.2018 Annexure A-13: Copy of letter dated 16.11.2018 Annexure A-14: Copy of letter dated 6.4.2018 Annexure A-15: Copy of representation dated 7.12.2018 Annexure A-16: Copy of representation dated 20.12.2018 Annexure A-17: Copy of inquiry report dated 17.5.2019 Annexure A-18: Copy of representation dated 24.5.2019 …. bk