The High Court of Sikkim has directed for a Central Bureau of Investigation (CBI) probe on the alleged gross financial irregularities in the functioning of Sikkim University during the tenure of its founding vice chancellor Prof Mahendra P Lama.
The order was given as the court was not amused with the inertia of Human Resource Development ministry to act on a University Grants Commission panel’s recommendations of March 2015 that the financial misutilization in Sikkim University be probed meticulously by a law enforcing agency.
“Having regard to the overall facts situation, particularly wherein the allegation of gross financial irregularities in the functioning of Sikkim University has been noted by the Fact Finding Committee constituted by the Ministry of Human Resource Department, Government of India, we are of the considered view that an independent agency, namely, the Central Bureau of Investigation, be directed to examine the alleged irregularities in the functioning of the University and take appropriate action as advised as per law,” said a division bench of Chief Justice Satish K. Agnihotri and Justice Meenakshi Madan Rai on Thursday.
The bench ordered notice to be issued to the CBI additional director (in-charge, northeast States), New Delhi. The order was given following lack of response from the Central government to the previous notices from the High Court of Sikkim over a 2015 petition filed by a South Sikkim-based N GO over alleged financial irregularities in Sikkim University.
Sikkim University was established by an Act of Parliament in 2006 with Prof Lama as its founding vice chancellor. Prof Lama completed his five-year tenure in 2012 and is presently engaged in various committees constituted by the Union government including the Indo-Nepal Eminent Persons Group. Prof Lama along with university dean (microbiology) Iyotiprakash Tamang, State government, Human Resource Development ministry, Union government and Sikkim University are the respondents in the petition filed by Ravangla Astha Organisation and its general secretary Bishnu Rai.
The organisation had previously filed a writ petition in 2012 seeking a direction from the High Court to examine the alleged irregularities committed in the Sikkim University. The petition was disposed of in June 2014 with directives that the N GO would submit the allegations to the Human Resource Development ministry who will examine it and take appropriate action in case the allegations are, prirna facie, found to be proved.
A two-member committee was constituted by the University Grants Commission to enquire into the allegations against the Sikkim University, Prof Lama and Tamang who was the then registrar.
The committee submitted its report in March 2015.
It recommended that the accounts of the Sikkim University needs to be examined/audited by a high level independent committee consisting of an experienced accounts officer. The allegations of misappropriation and misutilization, needs to be thoroughly investigated by any law enforcing agency, the committee recommended. As no action was found in the committee’s report, the Ravangla Astha Organisation last July approached the High Court of Sikkim seeking a direction to comply with the recommendations made. In its recent observations on October 14, the division bench noted that the Human Resource Development ministry does not seem to be keen and interested in taking the report to its logical conclusion, as evident from the various proceedings of the case.
The bench observed that the Central counsel had been granted time several times to tile a response from the Union respondents. The High Court further observed that it had made clear during the hearing on September 5 that appropriate action may be taken against the concerned deputy secretary if an affidavit is not filed indicating the response.
A copy of the communication of September 12 was submitted to the court wherein Prof Lama has been called upon to deposit Rs. 2.20 lakh as having illegally misutilized. In respect of other recommendations, no action has been taken till date, more than 18 months have gone by, noted the High Court observing that the ministry is taking slowest possible pace to place all the illegalities as reported by the committee under the carpet.
In its order of October 14, the division bench granted two weeks’ time to the Central government counsel to file response as to what action the Union government propose to take against the delinquents. Failing this, the division bench said the court may be constrained to initiate independent inquiry by an agency, as per the fact finding committee report and may pass appropriate order.
As no response to the October 14 observations came forward, the High Court on Thursday viewed that the CBI is directed to examine the alleged irregularities in the functioning of Sikkim University.
We tried our best to contact Prof. MP Lama to seek his reaction to this development, but he was unreachable.
[Inputs via: Sikkim Express, file pic,post via:Thedc]
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