Case Note & Summary
The Supreme Court of India considered an appeal by special leave against a judgment of the Division Bench of the Madhya Pradesh High Court, Indore Bench, dated October 25, 1995 in W.P. No. 1349/95. The dispute concerned the legality of termination of a research project titled 'Chemical, Physico-Chemical Structural and theoretical investigations of alkali and alkaline earth cation systems-Chemistry of use to biological and geological processes' on which the appellant, Dr. Narinder Singh Poonia, was conducting research under a grant from the Department of Science and Technology, Government of India. Condition No. XIII of the grant reserved to the Department the right to terminate the grant if it had not been properly utilised or if appropriate progress was not being made. There was a separate controversy between the appellant and Devi Ahilya University, Indore, regarding suspension, which the Court explicitly stated it was not concerned with. The appellant contended that he was not at fault and that the University had prevented him from completing the project. In response to notice, Dr. R.C. Srivastava, Director in the Ministry of Science and Technology, filed an affidavit stating that on September 16, 1994, the Registrar had sent information about the current status of the project; the appellant as Principal Investigator was still under suspension and the Co-Principal Investigator, Dr. Bajpai, had refused to undertake financial and management responsibility. Under those circumstances, the Department terminated the project on September 22, 1994 as per DST norms and requested the University to submit and settle final expenditure, return unspent balance, and provide a final technical report. The Court found that the matter involved disputed questions of fact and could not be decided in the appeal. It therefore granted liberty to the appellant to approach the Union of India and apprise it that he had done research in the project as per guidelines and made necessary progress, or if not, to give reasons. If the Government was satisfied, appropriate time might be given for completing the project; it was for the Government to decide. The appeal was disposed of with no order as to costs.
Headnote
A) Administrative Law - Termination of Research Grant - Condition No. XIII of Department of Science and Technology Grant - Department of Science and Technology Grant Conditions, Condition No. XIII - The Department reserved the right to terminate the grant if not properly utilised or if appropriate progress was not made. The Supreme Court found that the case involved disputed questions of fact regarding the appellant's suspension, the co-investigator's refusal, and progress on the project, and therefore declined to decide the matter in appeal. Held that liberty was granted to the appellant to approach the Union of India and make a representation showing compliance with guidelines and progress; if the Government was satisfied, appropriate time could be given to complete the project (Paras 1-2).
Issue of Consideration
Whether the Supreme Court should decide the legality of termination of a research project under Condition No. XIII of the Department of Science and Technology grant when the matter involved disputed questions of fact.
Final Decision
Appeal disposed of. Liberty granted to appellant to approach Union of India and apprise that he did research in the project as per guidelines and made necessary progress; if not so, to give reasons. If Government satisfied, appropriate time may be given for completing project. Government to take decision. No costs.
Law Points
- Special leave appeal
- disputed questions of fact
- termination of research grant
- Condition No. XIII
- Department of Science and Technology
- liberty to represent
- research project progress
- suspension of principal investigator
- co-investigator refusal
- final technical report
- no costs
