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Tribune News Service
Lucknow, April 23
In a landmark judgment that holds out hope for free expression, the Allahabad High Court ruled in favour of Magsaysay award winner Sandeep Pandey by quashing the decision of IIT-BHU to prematurely terminate his contract.
A Division Bench of Justices Mahesh Chandra Tripathi and VK Shukla rapped the IIT-Benaras Hindu University for not giving Pandey a chance to explain the serious charges levelled against him of being involved in anti-national activities and being a Naxal.
Questioning the motive behind terminating the contract, the court order stated that the action was “stigmatic/punitive and taken more due to the fact of differing ideological view rather than to follow laid down guidelines/rules of conduct”.
The court order observed “it is clearly reflected that differences of ideologies has led to such action as petitioner (Pandey) appears to be a believer of different ideologue than the ideologue believed by the incumbent, who proceeded to make complaint...
“Academic administrators should be politically neutral, at the point of time of dealing with academic/administrative matters of the university. The decision of academic administrator has to be free from malice and the said authority has to be exercised in free, fair and transparent manner after complying with the principle of natural justice”.
The HC order recalled the vision of BHU founder Madan Mohan Malaviya, saying, “... the (BHU) founder’s vision has been as follows; “India is not a country of Hindus only. It is country of Muslims, the Christians and the Parsees, too. The country can gain strength and develop itself only when the people of different communities in India live in mutual goodwill and harmony…”
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