2023:PHHC:047602-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

LPA No. 2167 of 2017 (O&M)

Reserved on: 23.03.2023

Date of Decision: 29.03.2023

CHANCELLOR-CUM-APPELLATE AUTHORITY AND ANOTHER

. . . . Appellants

Vs.

AVINDER KAUR

. . . . Respondents

CORAM: HON’BLE MR JUSTICE M.S. RAMACHANDRA RAO.

HON’BLE MRS.JUSTICE SUKHVINDER KAUR.

*****

Present: -

Ms. Isha Goyal, Advocate

for the appellants.

Mr. Kanwaljeet Singh, Senior Advocate with

Mr. Robin Gill, Advocate,

for the respondent.

****

M.S. RAMACHANDRA RAO, J.

In this Letter’s Patent Appeal, the appellants have challenged the

judgment dt.23.08.2017 passed in CWP-25523-2013.

The background facts

Respondent had been appointed as a Receptionist-cum-Clerk

with the Guru Nanak Dev University, Amritsar (Appellant No.2) on

14.07.1999. Later, her services were regularized on 23.01.2001. She was

promoted to the post of Junior Assistant on 09.03.2007 and thereafter to the

post of Senior Assistant on 09.07.2008.

While employed as Clerk, the respondent had enrolled herself for

Ph.D program in the appellant No.2-University as a private candidate in 1997.

SURESH KUMAR

2023.04.01 13:46

I attest to the accuracy and

integrity of this document

2023:PHHC:047602-DB

LPA No.2167 of 2017 (O&M)

Page 2 of 13

She was assigned an expert, by name Prof. H.S. Bedi as her guide. She then

submitted thesis with the title “Mahila Katha-with reference to contribution of

Writers to Punjab Hindi Literature (2000)”. She was awarded Ph.D. degree

on the said basis by the appellant No.2-University in the year 2000.

One R.Kumar, Research Scholar submitted a complaint

(Annexure P-1) to the Chancellor of the appellant No.2-University alleging

that Prof. H.S. Bedi, the guide of respondent, had indulged in plagiarism while

obtaining D.Litt degree from appellant No.2-University by copying two thesis

of M.Phil verbatim submitted by certain students who had already obtained

M.Phil degree in the year 1986.

The said complaint was taken to the Syndicate of appellant No.2-

University which on 07.10.2009 constituted an Expert Committee and ordered

for review of the cases of the following against whom there were allegations

of plagiarism:

(i)

the respondent,

(ii)

her guide Prof.H.S.Bedi,

(iii) Dr. Balwinder Singh who was working as a Reader in

Commerce in Business Management,

(iv)

Dr.Kuljit Kaur,Professor, Law Dept and

(v)

Sri Simranjit Singh Bains, Lecturer, Economics,Lyallpur

Khalsa College, Jalandhar.

In a Syndicate meeting of the appellant no.2 University held on

3.12.2009 (P-3), they were found guilty of plagiarism and the following

SURESH KUMAR

2023.04.01 13:46

I attest to the accuracy and

integrity of this document

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LPA No.2167 of 2017 (O&M)

Page 3 of 13

punishments were imposed on them as under for committing the misconduct

of plagiarism:

Name

Punishment

The respondent

Withdraw the Ph.D degree and

terminate her services

Prof.H.S.Bedi

Warning

for

future

and

no

appointment after retirement as his

superannuation was near

Dr.Balwinder Singh

Stoppage

of

two

annual

increments with cumulative effect;

barred from being appointed as

head of the Department for 3

years; barred for one year from his

appointment as supervisor in new

cases of Ph.D

Dr.Kuljit Kaur

Stoppage

of

two

annual

increments with cumulative effect;

barred from being appointed as

Head of the Deprtment for 3 years;

barred from being appointed as

supervisor in new cases.

Simranjit Singh Bains

To be sent to the expert committee

Dr. Balwinder Singh challenged the punishments imposed on

him vide CWP-9945-2010 in this Court. The said Writ Petition was allowed

on 20.09.2010 holding that the enquiry report against him shall only be treated

as a preliminary enquiry report, and the University should proceed against

him in accor