Termination of a researcher

That's much better! 

So you were expelled citing publication under fictitious name and address [on a side note, why could you not convey this single sentence to me in all those posts]! 

Anyow, how did the enquiry Committee link you with the publication if it was published under fictitious name and address? Were you given any document bearing the charges against you [besides June 11, 2015 notice]? Did you make any written representation/submissions?

And the decision itself seems most vague and unreasoned one.

Make an RTI Application now, in your on name, seeking the entire records of proceedings of the enquiry and the final order taken thereon. If (and I say if) the Administration rejects your demand on account of protection of identity of the individuals on the Committee (I'd do that if I were in their place), as them to provide the information in accordance with Section 10 of the RTI Act (do not adopt this posture in your RTI Application; use it only if information is denied on the ground of protectioon and privacy of enquiry Committee members).

If the August 18, 2015 Office Order is the only written order that the Administration has made and if they have not made any deailed order recording the allegations, charges, defense and Committee's discussion, reasoning and the final order, you may have a figthing case to challenge the order by way of a Writ Petition. Delay MAY be explained as on account of being mentally disturbed by the harassment meted out to you BUT, PROVIDED THAT the rest of your case has substance.

Originally posted by : Mohan
	Q. What connects you with the mentor's paper? * Ans  After little inquiry from journal, my mentor got know that some one inside IIT paid the fee for paid journal. mentor investigated his name say (Y) and asked him that who told you to pay.  Y told my name. that is how i got connected. however X told me to pay and I told Y to pay. ... Q* Why did X tell YOU to pay Journal Publication Fee? What is your relationship with X? Ans   As X was my old friend and he told me to pay some money in an account. However i dont know that its a account of a paid journal. May be X dont have access to bank or other, i am not clear. It looked normal to me, as before that i have helped some friends in same mannner. As at that time i was not gettig stipend from institute since last 7 months. so i told Y to pay. Q.  Why did YOU ask Y to make that payment? * Is there any documentray evidence of YOUR being associated with making the Journal Publication Fee? Ans  As at that time i was not gettig stipend ffrom institute since last 7 months. so i told Y to pay. I requested Y to pay by Whatsapp messages. So the wahtsapp talk between I and Y are documentary proof whcih IIT used as evidence. Q. * Has Y made a statement that you asked Y to make payment to the Journal? Ans  Yes, Y told IIT admins that i told Y to do payment. However we both dont know that its an account of paid journal.

 

Ah darn...that is bad .... really bad, sry. That considerably weakens your substantive defense. Here's I see your defense in a nutshell (correct me if I'm wrong on facts in any of the following):

1. Nobody knows how the paper came to  be submitted by you. You could have submitted the paper and so could have anybody else. It is between the Journal and the (lets call him) fictitious name X.

2.  You were not given an opportunity to cross examine Y as to the facts submitted by Y.

3. Evidence of the Journal would have thrown light on who the contributor of the paper really was. (Give me a link to the publishers name and let me just have a look at what standard it is).

But practically, all the above are procedural-technical grounds. The following, I see as strong facts against you:

(a) You asked Y to make payments to the Journal. It is immaterial whether you knew or did not know the details of the Account Holder. As a resonable grown up person you are supposed to know who you are making payments to. Furthermore, on one hand, I can assume there is nothing to establish that X asked you to pay money to the Journal. On the other hand, there is both documentary (WhatsApp message) as well as oral evidence (Y's statement) that you paid the money to the Journal, directly or indirectly.

(b) You COULD have accessed the paper as much as anyone else could; you had the means and the oppoortunity to do so; and maybe a grudge agaisnt your mentor [that's what the Administration would state and in all possibility, what the Court's would be inclined to believe, in the light of the other facts].

(c) You have no evidence to establish your narrative of events.

I am trying to put my points correctly. please correct me if i am wrong. I dint read LAW books but i think to survive in present time, its very important to know basics of LAW.

 

1. Nobody knows how the paper came to  be submitted by you. You could have submitted the paper and so could have anybody else. It is between the Journal and the (lets call him) fictitious name X.

Explanation  Yes, but it does not prove that i sumitted that paper. It is a doubtful situation. May be mentor sent it by himself so that he could kick me out.

2.  You were not given an opportunity to cross examine Y as to the facts submitted by Y. 

Explanation   ​ yes, i was not given chance to croos question to Y.

3. Evidence of the Journal would have thrown light on who the contributor of the paper really was. (Give me a link to the publishers name and let me just have a look at what standard it is).

Explanation ​ yes, you are corrrect. But i think journal also could not know the indentity of paper sender as if that happened, IIT would have taken him in loop also

(b) You COULD have accessed the paper as much as anyone else could; you had the means and the oppoortunity to do so; and maybe a grudge agaisnt your mentor [that's what the Administration would state and in all possibility, what the Court's would be inclined to believe, in the light of the other facts].

Explanation  ​It cant be said that i could have access the paper. As in no way i was involved in that paper. Even i was not aware of that such a paper exist. Not even can be said that paper was there in shared folder. (pls correct me if i am wrong)

Finally, IIT  was forcing me in DC meeting to accept that i sent the paper, But i dint accept it even i was not a author in that. That means they had a weak ground.

I think that IIT dont have a strong ground of expelling me (i dont have much knowledge, but in IIT i has some law friends so as they told me i know that)

(may be i am wrong), If mentor got his paper back and the paid journal removed that paper fom his jounral volume and mentor publish the same paper in another journal with his name. so there was no loss to the mentor. And the case could be finished based on student mercy.

Now please tell me that should i draft a RTI to ask information from IIT.

 

 

 

Hey Kid. I think its high time you put your emotions in hibernation for a while.

It cant be said that i could have access the paper. As in no way i was involved in that paper. Even i was not aware of that such a paper exist ... Finally, IIT  was forcing me in DC meeting to accept that i sent the paper, But i dint accept it even i was not a author in that. That means they had a weak ground.

That is a very weak defence and I'd suggest you rather not drum on it. Nothing that you have stated so far means that the Administration had a particularly weak ground. The established fact that you made payments to the Journal, on the preponderence of evidence you cannot simply latch on saying that you were not involved...on established facts, you are the only known person most closely involved with the publcation.  Do you have any provable explanation on why you made payments to the Journal? None. And there is no evidence of 'old friend X asked me'  defence.

There may be individual procedural weaknesses and your aim here is to identify and usitlise them, not to plead innocence now.

Not even can be said that paper was there in shared folder. (pls correct me if i am wrong) 

That is for you to say and correct. Not me. You said the computers were remotely accessible...then you said only your computer was remotely accessible...you said there were shared folders which can be accessed by any person ...then you said you don't know how the paper came to be in your computer ... you failed to answer my question as to how X got the authority to access it.

Anyways, I think the Journal must know the identity of the paper contributor...even a basic printer walla knows something about his clients! After all, this person must have contacted the Journal for publication; they must've told him to make payments; they must've given him the Account details; he must have confirmed the fact of having made payment to them. Please don't make me ask the same questions repeatedly..either give a me straightforward answer, or state that you cannot share that information with me or tell me that you are not aware...don't tell me surmises and conjectures - they only muddle your issues. Who was the Journal publisher? And are you aware or not (don't guess!) of how and from where the paper reached the Journal - as in what email ID, what computer, copied from what computer?

I'd suggest you ask this of the Administration:

1. Certified copy of the order of the appropriate Authority to constitute a "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by [insert your name and details], pursuant to which a communication dated June 11, 2015 was made by Assistant Resgistrar (PGS&R) to said [insert your name here].

2. Certified copy of the terms of reference/terms of appointment of "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by said [insert your name].

3.  List of dates of all hearings held by the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by said [your name] also indicating the name of any person attending a hearing, other than the Chariman or those Members or Special Invitees as communicated in letter dated June 11, 2015 by Assistant Resgistrar (PGS&R) to said [insert your name here].

4. Certified copy of every order passed by the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute  " by said [your name] . 

6. Certified copy of all submissions and statements, whether made in writing or verbally and reduced to writing, made by all witneses before  the "Standing Institute Disciplinary Committee" investigated enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by [insert your name].

6.  Certified copy of all submissions and statements, whether made in writing or made verbally and reduced to writing, made by [insert Y's name and details] before  the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by said [insert your name] .

7.  Certified copy of all submissions and statements, whether made in writing or made verbally and reduced to writing, made by or on behalf of [insert Journal publisher's name and details] before  the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute" by [insert your name and details] .

8. Certified copy of every document referred to as evidence in the proceedings before the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute  " by said [insert your name] .

9. Certified copt of final decision of the "Standing Institute Disciplinary Committee" to enquire into the incident of "publication of stolen research material in the name of a fictitious author from a fictititous institute  " by said [insert your name] .

Get in touch here, or PM me after anyting develops on your making this RTI Application (if you choose to do so i.e.)

Dear Sir

I have made the RTI as per your comments and i am going to file it ONLINE via online RTI portal. if you wanna to take a final look of that RTI, i can upload it.

The name of paid journal is International journal of Engineering Research and General Science. ans truely say, i do not know that how x got the paper. i dont know what email id ot computer.

Thanking you very much for your constant help.

As i think that i should be true from my side.  while most of time i got troubles while speaking truth. But while saying truth, many a times i felt that i was better in saying false on place of  truth.

But here i think you understand my situation at that time.

Understanding my condition at that time, If you are still agree to help me, i would like to hear that.

 

 

 

Hmmm.......

1. The 'Journal' website does not state a payment method. Rather, it says "TRANSFER THE CHARGES TO- We will update after the paper is being selected through E-mail." That implies that X must have recieved a mode and method of making payment after getting an e-mail from the Journal.

2. The Journal is based in Nepal. That is bad, since it means its practically beyond the long arm of Indian law.

Let's see what turns out if you make the RTI Application.

Dear Sir

I have uploaded the RTI. Please have a look and for any changes, pls sugegst me

https://jumpshare.com/v/WKWZHhu8Gap2kI3Sj6Dq

Thanks

Wow..that's very kind of you to have confided you activities in me. Great. Just great. Let me just put this for record though - there is no Client-Attorney privilege between us; nor is any information you posted on this Forum protected as matters governing a privileged communication.

Now, just tell me (no wait, please don't tell me, think of it yourself) ... do you see a single ground that you can take to challenge your expulsion?

You actually stole your supervisor's paper and published it for revenge (you "thought" that he will get it back and that makes stealing somebody's hardwork okay, eh?); you manipulated your friend into making payments on your behalf not thinking that he might also get implicated in the whole scheme, for no fault of his. That was a eye opener, after all the time I wasted in the honest belief that I was assisting someone innocent falsely implicated of plagiarism.

But I live and learn.

i am sory for your inconvenience. but what i did to mentor is even not 1 percent what mentor did with me. i only did all things to save my phd. i dint have intention to harm some one . neither mentor got any harm or loss. you have helped me very much. i know that i did some thing wrong but that dint harm any one. i dint thought that because of me. my friend will get in trouble. but recently i knew that he has completed his phd. i know i did wrong but so many factors were there behind that. and IIT could suspend me. but termination is veey big thing for me who passed 3 years and did hard work. i told you all truths as i thought that you can understand me. i still need your help. pls let me have it.

Dear Sir pls let me know that should i put RTI. if Are you still with me. Its worth to put RTI. i think i am still innicent. as i did not harm any one. pls correct me if m wrong. i xxxxxxxxxxxxxxxxxxxx and i knew mentor will get it back. my friend got phd. n mentor got his paper back.

Dear Sir

you are right that there is no Client-Attorney privilege between us.  But there is humanity privilege between us. (I may be wrong) thats why we are here discussing the things.

As i think you are no more interested to help me  and i am not able to handle IIT admins alone. So i am not thinking to file RTI. The reason is that presently IIT admins are sleeping, But when they see my RTI, My mentor will got to know and they will start again finding the ways to create problems for me and i cant control them alone.

I am very much thankful for your kind help and always will be. The city where you are praticing LAW is my favourite city, where i go more frequently and my close friends are either studying or doing jobs there.

May be in future, if you could spare a little time, we could have  meet.

Once again thank you very much.