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FACTUAL POSITION ON MINORITY STATUS CASE IN THE SUPREME COURT
Mr. Arifuddin Ahmed, Deputy Registrar, Legal Section, AMU, Aligarh, has been suspended on 1st April 2010. The charge is, “prima facie gross misonduct”. This suspension order did not precede by any show cause notice. Since this suspension order has been issued on the file pertaining to the case pending before the Supreme Court on minority status of AMU, it is therefore understood that the abovementioned ‘misconduct’ relates to the the understanding by the honourable Vice Chancellor, AMU that why did not the Deputy Registrar go to the advocate, Supreme Court, Delhi, on 25th March 2010. Whereas, the fact is that the advocate on record, Mr Ejaz Maqbool had communicated to the Deputy Registrar on the evening of 24th March 2010 through sms that the Deputy Registrar need not to reach Delhi as, “there are 6 miscellaneous matters (which) have been added and the matter is not likely to reach”, and therefore the Deputy Registrar, following the advocate’s instruction did not go to Delhi on the date. On the morning of 25th March 2010, the same was reported to the Registrar, AMU. Contrary to the advocate’s information, the case was really taken up by the Supreme Court, but it was adjourned for August 2010, as the advocates were not present , they were rather busy before a constitutional bench in of the Supreme Court. The same has been ‘confessed’ and explained by the advocate to the Registrar on 27th March 2010 through e-mail. So, there does not seem to be any case of misconduct on the part of the Deputy Registrar. It is therefore not convincing and justified to suspend the Deputy Registrar for not being present in Delhi on 25th March 2010. The advocate on record, Mr Ejaz Maqbool has made it crystal clear, where does the fault lie.
1. The case of minority character of AMU was on the list since July 2009 in the Court No. 1 of the Supreme Court of India.
2. Recently on 23rd March 2010, it was listed as item no. 103 in the Court no.1. The University’s representative and the lawyers appointed (viz. Mr Ejaz maqbool, Mr Soli J Sorabji, and Shyam Diwan) were to remain present in the court but the case could not reach for hearing.
3. On 24th March 2010 evening, the University counsel, Mr. Ejaj Maqbool, advocate on record, informed on mobile phone and subsequently re affirmed the position through e-mail addressed to the Registrar and copy to Mr. Arifuddin Ahmed, Deputy Registrar ( Legal Section) stating that “on 25th March 2010, 6(six) more miscellenious matters were aded and out of them item no. 4,5,6 were for final disposal and I thouhgt the matters were not likely to reach for hearing on 25th March, and therefore, I had instructed Mr. Md. Arifuddin Ahmed, Deputy Registrar not to come to Delhi on March 25, 2010”
4. But the case came for hearing at around 2-20 pm on 25th March 2010 and University counsel informed telephonically that matter adjourned to August 2010. He clarified the position through e-mail adressed to the Registrar on 27th March 2010 wherein he has stated as follows:
“ It had been decided between Mr. Soli J. Sorabji, Senior advocate and Mr. Gopal Subramaniam, Solicitor General of India that Mr. Gopal Subramaniam will lead in the matters and at the time the matter reached Mr. Subramaniam could have been busy in some other courts and the matters have been adjourned to August 2010.” He further stated in his communication that “ Mr. Soli J. Sorabji, Senior advocate was in Court no. 2 before a Constitutuon Bench of the Hon’ble Supreme Court and he was also in the Court No. 2 before a constitutional Bench and by the time I reached court no.1 , the matters got adjourned.”
“The University Counsel mentioned, “On that date, the matters would have been adjourned in any case it is in the interest of AMU that Mr. Subramaniam solicitor General of India leads in the matters and on date he was not available. However, a shorter date could have been taken as per the convenience of Mr. Subramaniam.”
5. From the above it is quite clear that the University’s representative could not reach the Court no.1 of the Supreme Court of India as the University counsel had directed not to come to Delhi on March 25, 2010 and as a matter of fact the University Counsel owes the whole responsibility of the situation on him in the aforsaid communication. Therefore, suspending the Deputy Registrar, Legal Section on the allegation of “ prima facie grave misconduct” does not seem to be convincing and therefore appears to be an unjusifiable victimization for a wrong which he has not committed at all. The factual position itself speaks loud and clear that where does the responsibility lie.
PLEASE PAUSE AND CONTEMPLATE!!!!!????????
TEXT MAIL
March 27, 2010
A-254, A-255, A-253, A-251, A-252
BY E-MAIL
To,
The Registrar
Aligarh Muslim University
Aligarh – 200 201
Uttar Pradesh
Phone: 0571-2700220
Fax: 0571-2700528
E-mail: registraramu@yahoo.co.in
Re: Aligarh Muslim University Vs. Dr. Naresh Agarwal and others
Civil Appeal No. 2286 of 2006
Aligarh Muslim University Vs. Anuj Gupta and others
Civil Appeal No. 2321of 2006
Aligarh Muslim University Vs. Manvendra Singh and others
Civil Appeal No. 2317 of 2006
Aligarh Muslim University Vs. Malay Shukla and others
Civil Appeal No. 2319 of 2006
Aligarh Muslim University Vs. Vivek Kasana and others
Civil Appeal No. 2320 of 2006
Dear Sir,
This is to record that the above mentioned matters came up before the Hon’ble Supreme Court on March 25, 2010 in Court No.1 as Item No.103 before Bench consisting of Hon’ble the Chief Justice of India, Hon\'ble Mr. Justice J.M. Panchal and Hon’ble Dr. Justice B.S. Chauhan.
The matters have been on board for final hearing since July 2009 and they had never reached for hearing.
The matters were listed on March 23, 2010 as Item No.103 and I had instructed Mr. Mohammad Arifuddin Ahmed, Deputy Registrar, Aligarh Muslim University to remain present in the Court and on that date he remained in the Court for the whole day but the matter did not reach for hearing.
The matters were again listed for March 25, 2010 as March 24, 2010 was a holiday. On March 25, 2010, 6 more miscellaneous matters were added and out of them Item Nos. 4, 5 and 6 were for final disposal and I thought that the matters were not likely to reach for hearing on March 25, 2010 and therefore I had instructed Mr. Mohammad Arifuddin Ahmed, Deputy Registrar not to come to Delhi on March 25, 2010.
However, the matters reached for hearing on March 25, 2010 at about 2.20 p.m.
It had been decided between Mr. Soli J. Sorabjee, Senior Advocate and Mr. Gopal Subramaniam, Solicitor General for India that Mr. Gopal Subramaniam, Solicitor General for India will lead in the matters and at the time when the matters reached Mr. Gopal Subramaniam, Solicitor General for India could have been busy in some other Court and the matters have been adjourned to August 2010.
Mr. Soli J. Sorabjee, Senior Advocate was in Court No. 2 before a Constitution Bench of the Hon’ble Supreme Court and I was also in Court No. 2 before a Constitution Bench of the Hon’ble Supreme Court.
By the time I reached Court No. 1, the matters got adjourned to August 2010.
On that date, the matters would have been adjourned in any case because it is in the interest of the Aligarh Muslim University that Mr. Gopal Subramaniam, Solicitor General for India leads in the matters and on that date he was not available. However, a shorter date could have been taken as per the convenience of Mr. Gopal Subramaniam, Solicitor General for India.
I will therefore now request Mr. Soli J. Sorabjee, Senior Advocate and Mr. Gopal Subramaniam, Solicitor General for India to mention the matters before Hon’ble the Chief Justice of India for early listing of the matters.
Thanking you,
Yours truly,
EJAZ MAQBOOL
MAQBOOL & COMPANY
Advocates, Supreme Court of India
C-13, Sector - 20,
Noida - 201 301 (INDIA)
Phone Nos.: +91-120-2558881, +91-120- 2530486
Fax No. : +91-120-2552334
Mobile : +91 98-110-52710
E-mail : emaqbool@gmail.com, emaqbool@yahoo.com
CC:
BY E-MAIL
Mr. Arifuddin Ahmed
Deputy Registrar (Legal)
Aligarh Muslim University
Aligarh – 200 201
Uttar Pradesh
Phone: 0571-2700785
Mobile : 098-974-99825
E-mail: arifuddinamu@gmail.com |
It has become a prevalent practice to suspend employees without adopting the prescribed procedure. The sad thing is that the AMU community is silent on the matter. We have a lady teacher under suspension for the last more than 3 1/2 years and no one cares. United we stand and divided we fall, let us vouch to be together on some basic issues like following procedures. |
