Tag Archives: Joseph Raj

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Ex-DRDO Chief Gets Jail Sentence

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By T S Sekaran Published: 26th September 2014 The New Indian Express

CHENNAI: Dr V K Saraswat, former Scientific Adviser to the Minister of Defence and Director General, DRDO and Dr G Malakondaiah, former Director of DMRL in Hyderabad have been ordered to undergo simple imprisonment for three weeks by the Madras High Court for not obeying the court’s orders passed way back in in 2009.

A division bench of justices S Rajeswaran and P N Prakash awarded the punishment while allowing a contempt application from S Joseph Raj, on Wednesday.

Raj lost his job as the school in which he was working as a librarian was closed. Holding that he was not a Central government employee, the government refused to reinstate him. Confirming the orders of the Central Administrative Tribunal, a division bench of the Madras High Court had directed the government to consider Raj for the post of Senior Technical Assistant.

Contending that this order had not been complied with, Raj filed the present contempt petition. “Even though an appointment order had been issued on July 14, 2009 to Joseph Raj, the duo did not allow him to join duty. Thereafter, they suppressed this fact before the Supreme Court. Therefore, we find that the duo have wilfully disobeyed the orders of this court,” the court said in its order.

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Former DRDO chief sentenced to 3 weeks in jail

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PTI Chennai, September 26, 2014 Hindustan Times

Former DRDO chief Dr VK Saraswat and another senior scientist were on Thursday sentenced to three weeks simple imprisonment by Madras High Court for committing contempt of court by disobeying its April 2009 order related to re-employment of a clerk in a school run by a wing of the organisation.

Taking a serious view of the non-implementation of its order, a division bench comprising Justice S Rajeswaran and Justice P N Prakash awarded three weeks simple imprisonment to Saraswat and Director of Defence Metallurgical Research Laboratory, Dr G Malakondaiah and directed them to pay a fine of Rs. 2,000 each personally.

The court was allowing a contempt of court petition by S Joseph Raj, who was an employee of the school run by Combat Vehicles Research & Development Establishment (CVRDE) at suburban Avadi here. The bench directed the Government to take appropriate departmental action against them for the “reckless, negligence and willful disobedience of the order of the Court”.

The court held Saraswat, a Padmabhushan awardee and former Scientific Advisor to the Defence Minister and Director General of Defence Research and Development Organisation (DRDO), guilty of Civil Contempt under the contempt of courts Act, 1971. When CVRDE closed the school, he and other employees approached the Central Administrative Tribunal challenging it.

Even after several rounds of litigations before CAT and the High Court and Supreme Court, he was made to suffer, it noted. On April 30, 2009, the High Court directed the two officials to appoint Joseph Jaj as Senior Technical Assistant (Library Science) within a period of two months.

However, the officials on April 13, 2012, passed an order stating that Joseph Raj was not eligible to be considered as Senior Technical Assitant (Library Science) and that he was not a government servant, prompting him to file the present contempt petition.

“We find the above officers were doing everything within their powers to deny a just benefit to Joseph Raj. We are aware that the officers are occupying very high position in the government, but ensconced in a pedestal, their vision became blurred when it came to the travails of an ordinary employee who was suddenly thrown out of employment, for no fault of his,” the judges said.

It said that even during the contempt proceedings, there was no tinge of remorse or an attempt to correct the mistake by the two officials. “Therefore, we propose to impose punishment of sentence of imprisonment on the above officials for their willful disobedience of this court order,” it held.

The court also warned the above officials that it was not an end of the matter and directed them to comply with the order forthwith in the matter of appointment.

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Former DRDO chief sentenced to 3 weeks imprisonment in contempt case

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India Today.in New Delhi, September 25, 2014

Former DRDO chief V K Saraswat and another senior scientist were on Thursday sentenced to three weeks simple imprisonment by Madras High Court for contempt of court. They had disobeyed its April 2009 order related to re-employment of a clerk in a school run by a wing of the organisation.

Taking a serious view of the non-implementation of its order, a division bench comprising Justice S Rajeswaran and Justice P N Prakash awarded three weeks simple imprisonment to Saraswat and Director of Defence Metallurgical Research Laboratory, G Malakondaiah and directed them to pay a fine of Rs.2,000 each personally, PTI reported.

The court was allowing a contempt of court petition by S Joseph Raj, who was an employee of the school run by Combat Vehicles Research & Development Establishment (CVRDE) at suburban Avadi here.

The bench directed the Government to take appropriate departmental action against them for the “reckless, negligence and willful disobedience of the order of the Court”.

The court held Saraswat, a Padmabhushan awardee and former Scientific Advisor to the Defence Minister and Director General of Defence Research and Development Organisation (DRDO), guilty of Civil Contempt under the Contempt of Courts Act, 1971.

When CVRDE closed the school, he and other employees approached the Central Administrative Tribunal challenging it.

Even after several rounds of litigations before CAT and the High Court and Supreme Court, he was made to suffer, it noted.

On April 30, 2009, the High Court directed the two officials to appoint Joseph Jaj as Senior Technical Assistant (Library Science) within a period of two months.

However, the officials on April 13, 2012, passed an order stating that Joseph Raj was not eligible to be considered as Senior Technical Assistant (Library Science) and that he was not a government servant, prompting him to file the present contempt petition.

“We find the above officers were doing everything within their powers to deny a just benefit to Joseph Raj. We are aware that the officers are occupying very high position in the government, but ensconced in a pedestal, their vision became blurred when it came to the travails of an ordinary employee who was suddenly thrown out of employment, for no fault of his,” the judges said.

It said that even during the contempt proceedings, there was no tinge of remorse or an attempt to correct the mistake by the two officials.

“Therefore, we propose to impose punishment of sentence of imprisonment on the above officials for their willful disobedience of this court order,” it held.

The court also warned the above officials that it was not an end of the matter and directed them to comply with the order forthwith in the matter of appointment.

 

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Two top DRDO scientists awarded jail term by Madras high court for contempt of court

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A Subramani,TNN | Sep 25, 2014, 02.00 PM IST

CHENNAI: While the science community behind Mangalyaan’s success is still basking in glory, the Madras high court on Thursday awarded a three-week jail term to the nation’s two top scientists for contempt of court. The court also imposed a fine on them and directed the Centre to initiate stringent action against the duo.

V K Saraswat, scientific adviser to the minister of defence and director general of research & development, DRDO, and G Malakondaiah, director of Defence Metallurgical Research Laboratory (DMRL) in Hyderabad, have to surrender to police in a week and start their three-week jail stint. If they fail to do so, an arrest warrant shall be issued to get them under custody, ruled an irate division bench of the high court.

“The government is directed to take appropriate departmental action against them for the reckless negligence and wilful disobedience of the orders of this court,” said the bench of Justice S Rajeswaran and Justice P N Prakash on Thursday.

The two DRDO officers were found guilty of civil contempt under Section 12 of the Contempt of Courts Act, 1971. They were sentenced to a simple imprisonment for three weeks and directed to pay a fine of Rs 2,000 each.

“We are aware that they are occupying very high positions in the government, but ensconced in a pedestal, their vision became blurred when it came to the travails of an ordinary employee who was suddenly thrown out of employment, for no fault of his. Even during the course of the contempt proceedings, there was no tinge of remorse or an attempt to correct the mistake,” the court said.

On August 13, 1985, Joseph Raj was appointed clerk-cum-store keeper initially on an ad hoc basis in the Combat Vehicles Research and Development Establishment (CVRDE) under the ministry of defence. He acquired his B.Com and master of library and information science degrees later, and when a librarian post fell vacant in the school, he was selected on merits. CVRDE School, started at Avadi here in 1978, was sought to be closed in 2001 and staff members were issued termination notices.

Since then, Joseph Raj won several rounds of litigations in the administrative tribunal, the high court and then in the Supreme Court as well. As he was not reinstated or given job in another unit, he then filed the present contempt of court proceedings, pointing out that the authorities had misled even the apex court.

Narrating the travails of Joseph Raj in detail and convinced that the two officers had done everything to deny him employment for more than a decade, the judges directed the Centre to give a job to Joseph Raj according to the 2004 judgment that favoured him.

It also rapped the two top DRDO officers quoting the Supreme Court’s words: “Non-acceptance of a mistake is not a heroic deed. On the contrary, it reflects flawed devotion to obstinacy. The pink of perfection really blossoms in acceptance.”