The premier cooperative institute Vamnicom is again in the news for all the wrong reasons. There is hearing in the court this Tuesday on a defamation petition filed by one of the professors P Chattopadhyay against Director Sanjib Patjoshi, an IPS officer who has recently been promoted to ADG rank by his state cadre Kerala.
Two hearings have already taken place in the matter. Involved parties have diametrically opposite stories to tell. Chattopadhaya says Director had to stand in court as an accused and he seems to suggest it was a moral victory for him.
Chattopadhyay says due to these incidents the Director has turned vindictive. In violation of all rules, he has not been disbursing me salaries for the last six months. There have not been any enquiries against me nor any charge sheets brought against me, he says.
The present case refers to a memo issued to Chattopadhyay by the Director. The same was also put up on the notice board of the institute which the Professor said was derogatory and defamatory. He decided to go to the court and a protracted legal fight has ensued thereafter.
Laughing it off Patjoshi says departmental matters do not constitute a case for defamation. Rather, Chattopadhaya was pulled up by the court for filing a case against me without seeking clearance from the competent authority, he underlined.
In fact the district court has initiated a case against Chattopadhyay and summoned him on March 15 as an accused. I am a govt servant and I cannot be prosecuted without govt sanction which can be given only by a competent authority under 197 cr pc . Moreover can there be defamation for issuing a memo to your junior staff, Patjoshi asked jokingly.
In two years of time Mr Chattopadhyay has come to office just for 240 days and has taken just 3 classes. He says he is an activist of the political party AAP but does that allow him to flout the govt rules? He is after all on the payroll of Vamnicom and has to follow the rules, added Patjoshi.
Countering these allegations P Chattopadhyay says “ I have run 7 training programmes and my publications have appeared in the NCUI journal “Cooperator”. I have also written pieces for NAFSCOB which any one can access.”
Are these contributions not part of the educational curriculum? I have kept DG and Chairman of NCUI posted with all my activities, he added.
The unseemly affairs have shocked the staff of the premier cooperative institute and they feel discouraged by the atmosphere prevailing on the campus.
I have filed a case against Mr. Patjoshi who is now the accused in criminal case for defamation. Against the order passed by Hon. Judicial Magistrate First Class Court No. 9 Pune, Mr. Patjoshi has prayed to Shivajinagar Court, Pune in Revision. Therefore, I am an opponent and NOT an accused. On the contrary Mr. Patjoshi is an accused and he has furnished a PR Bond to JMFC Court Pune as security. Hence, his contention that I am the accused is false and a blatant lie. The statement that I have not filed the case is contrary to facts as I have taken action by filing a case in order to redress defamation, harassment and injustice caused by Mr. Patjoshi. This can be proved from facts on record. Pl see details of Criminal complaint u/s 499, 500 of IPC filed by me in JMFC Court Pune and the Court Order dated 18-09-2015. Sec No. 16980/15 presented on 15th July 2015 (pls refer court web-site).
Section 197, CRPC cover is not applicable to Mr. Patjoshi as discharge of duty does not entitle the person discharging it to cross the bounds of law and propriety. Since Mr. Patjoshi has done both, he is not protected by Sec 197 CRPC.
Mr. Patjoshi is deliberately passing on incorrect information to the media regarding no. of classes I have engaged. Mr. Patjoshi’s contention that I am an activist of the political party APP, is a figment of his imagination, as usual there is no evidence to support his contention. As a responsible Government servant I am fully aware that I cannot be a political activist for any political party leave alone AAP.
Professor P.Chattopadhyay
VAMNICOM Pune