Termination of a researcher

Technically yes, the employer is within its rights to terminate your services despite your resgination, which was not accepted. Often employees tender resignation anticipating an adverse service order with a view to pre-empt such adverse order to save their post service benefits. But the management is usually considered within its right to refuse to accept the resignations and stand by its order of dismissal, where there are cogent reasons in support of such dismissal. That being said, the employer cannot terminate your services on a whim without following the proper procedure relating to termination and giving you an opportunity of being heard on the grounds alleged against you. Elucidate the factual matrix leading to your resitnation-termination like: did you ever make any representation of harassment by superiors? was your termination a result of proper enquiry? DId you get an opportunity to defend yourself? What are the relevant dates - appointment, Ph.D. registration, Ph.D. progress, resignation, communication of grounds against you, communication of refusal to accept resignation, dates of personal hearings ... you get the idea?

Also, how do you intend to fulfill residency requirements for Ph.D. if your service has come to an end? So far as I know, most central universities have different residency requirements for full time scholars, for scholars sponsored by their employers and for scholars pursuing academic service alongwith their research...which of these categories do you belong to? The rules of service applicabe to you may also vary according to this.

Dear Sir

Thank you very much.

Let me have a detailed descripttion.

I enrolled PhD in one of the IIT's which are affiliated to MHRD. I got MHRD scholarship. as i was not a local student, so my mentor does not like me. several time he told me that i do  think that i will get phd from here and i should take admission some other place. However i was not aware of the IIT system and thinking that these threats will vanish with time. so i focused on my work.

But as time passes, my mentor increases presuure and scold me everytime on small things. he even stoppped my research work and my stepend for more than one year. I requested him many times. but he dint. he shouts me in fornt of other students and outsiders.

When the things were out of my control, i reported it to head of department. But then problems become more worst. I email to Director hoping some good. But my mentor involved me in a case of stealed paper publication case near about March 2015, where he told that i stole his work and published some where. However my name was not there as author in that paper.

He declared me mentally unfit. he put me in a local hospital where doctors (my mentors frineds) tortured me. any how after 7 days i came out there. i brought medically fit and mentally good certificate from a central hospital. but all in vain

they sent a letter to me to be present for a discipline committee in July 2015. i refused to go there but as advice of Director i went there. i put my points, but they dint listen me and were forcing me to accept that i published that paper. I refused to do so.

I met some other professors who knows me better, they advice me to do resign and go. as they told that i will get nothing now. seeing the increased problem, i resigned and came back to home. one of my mentor signed on that resignation. whose copy i have.

After 2 months (Oct 2015), i came to know tht they have expelled me on basis of stealing and publshing a research paper.

If some university enquire about me. they say that i am expelled and mentally unfit. while i submitted mentall fit certificates.

I put RTI to ask all copies of meeting and certificates and proofs but they dint sent me.

The compusory residence for a PhD in campus is up to end of PhD, that may go up to 7 years. however student can go out campus after 1 year if he gets job or else.

i joined Phd in July 2012, completed registration seminar on Jan 2014 and enhancement seminar Feb 2015.

I resigned in June 2015.

I get the stipened from MHRD scholarship as institute scholar, also i perform duties in academic labs and exams.

I also came to know that i was not the first student who  suffered under him, some more PhD students have been suffered in past. however they changed his mentor and got safe escape. But i could not do so.

If I understand you correctly, yours is NOT a case of termination of service but termination of Ph.D. enrolment and stipend, right?

Even so, I fail to understand, If the published paper did not have your name at all, how were you punished for plagiarism? Do you have a copy of the show cause notice and a copy of the resoned order recording your dismissal? Your E-Mail  to HoD will substantiate that you approached prior to any action was initiated against you. Keep a copy of that e-mail (with Full Headers ... Google if you don't know what 'full headers' are). Keep a copy of your 'mentor's' work and that of the published paper.

Further, if the psychiatric Doctors admitted you frivolously, without proper disgnosis that is a VERY serious matter. Do you have medical records pertaining to your being admitted, tests carried on you etc? Did anybody accompany you to this hospital from whom the Doctors could have sought consent to undertake your treatment? Were your parents/relatives informed that you were being admitted in a hospital for mental health issues?  If so, what was their reaction?

You said the Institute did not share information about the disciplinary proceedings with you under RTI. What exactly was their response? Did they acknowledge your Appliction but refused you information? And if they did, under what ground? Or, did they fail to acknowledge your RTI Application itself? In either case, you should approach for First Appeal seeking information.

Btw, IIT-M Ph.D. Ordinances state that Minimum Residential Requirements are 1 semester/24 months/36 months, as the case may be. And, from your post, I understand you are not eligible for 'Relief from Ph.D. programme' insofar as you were on stipend, neither sponsored nor employed in the Institute. Care to elaborate?

Oh, and yes, if all that ended in October, 2015, why did you not approach anywhere with your grievance for more than a year now?

I think a LOT turns on the decision dismissing you. If you want, upload it on Google Drive and share it here ... I'll see if I can manage to take a look in my free time...I might (but only for today ... 26 January...heh) [in case you do share it, use 'Windows Paint' to paint over/erase your personal information such as your name, address, Institute Address, mentor's name etc.]

Dear Sir

Thank you very much

Going to be more elaborative, when 2.6 years passed and my stpened was stopped (for 7 to 8 months) and my work is intentionally ceased for more than 2 years. i feel tensed. many times i asked my mentor what to do as i come to lab and go back, You know that PhD depends on the work as well as Mentor happiness. So i was thinking to finsh it on time.While my mentor was delaying it. I borrowed money from friends to survive for food and university fee that was going to be huge amount and i have repay back.

Some of my friends suggested to Only to attempt suicide intentionally as he told that some cases are solved by doing this in past.

As i was also totally frustated and wanted to get phd and all things settled, SO During Dec 2015, i went to HOD chanmber to tell all this things (sorry it was verbally not email), but he dint botherd me. then in fornt of him, i tried to burn my self. However it was just a trick to settle all things. HoD suddenly stopped me and admitted to hospital inside campus. My parents got informed. But as i was totally fine and my home was quiet far (more than 25 hours journey). so i told my parents not to worry and not to come to campus.

In hospital, passing seven days were very difficult, a meeting held with Dean and all, where i put my points. but Dean (a nice person) told me in alone, that he knows my mentor and adviced me to get phd asap.

as per meeting they sent me home ofr 2 months and adviced me to come with mental and physical fitness certificates. i requested my friends to be resposible person to go home with me so that i could get out of horrible hospital and go home.

after 2 momnths i came back to campus with Govt recognized all fitness certificates and i got admitted again in Phd. some friends told me to change my mentor. but i believe in humanity and told that i think things will be ok now.

i got letter after  few days later that they wil not give me 2 months stepend. i told mentor the same, he shouted over me and bla bla.

I got tensed so much. Usually my computer is shared on line to other my friends in other universities. such that they can take data and papers from my computer so that they can also access research papers so a friend got a paper and he published it on some one name in an ordinary journal. he did  not know that  paper is unpublsihed. I was not aware of that. he told me to pay some money in a account, as i had no monery  so i told another friend to pay the fee.

 few days later, my mentor got know that his work is published. i saw him tensed,, i went his house to acknowledge that that paper MAY be sent by my computer and i am feeling sorry. the university friend told them that i told him tp pay money for soem account. FInally my mentor got his paper back and that journal retrieve that paper. so no loss to my mentor. my mentor publish that paper in other journal with his name.

But he thought this a opportunity to kick me out he admitted me again in same hospital forcefully  and told doctors to treat me bad. i told doctors that i am fine, why you again admit me but they dint listen. mentor and HoD  told me to write on a paper that i (me) publish that paper. i refused to do so, he forced me and told that he will let me do Phd, if i write so.  however as i remmbered i was in hospital then and so tensed, still i dint not write straightfiorward that i publish it. However i write that it was published.

Then they left me in hospital for 7 days. no one come to see me. i feel bored and tensed. and thinking to go out of hospital anyhow.

They blocked my access to lab, i was not alloed to go lab. I got some infomation secretly that my mentor is not going to supervise me and told all others that no one will be my mentor. Still i was thinking that they hardly suspend me for few months and allott new mentor as i ha passsed 3 years there.

after several secret meetings secretly, i did notget any news. Some friends and Profs adviced me to resign and i did so. and waited to get information on status of my resignation.

few days later, i got later to be present in formt of discpiline committe. When i saw members of that committe, they all were my mentor friends, so i got point that i will get nothing. howver i sent email to Director and told all this things, He adviced to go in a meeeting. i went.   there ll were trying to threaten me, to send me jail if i dont accept. but i dint accept it. i came back, stayed in campus. sent few emails to know decision on my resignation. But no answer, as i had short of money so i sent email that i am leaving campus. cleared my dues from lab and came home in July 2015 end.

In sept 2015, i sent some emails to know status of my resignation, few days later i got email that i am expelled. They sent me a letter at my home but that was not deliverd my home and sent back to campus.

In April 2016, i put an RTI on the name of my brother to know that why i expelled and asked for copied of all details meeting and proof. but they onely sent that explled letter. and told that they cant share personal informations.

Further i again put RTI to tell the i am his brother and have rights to seek information,. then i dint get any reply.

May be i was new in putting RTI so they got point not to sent details. as i know that they dont have a stable ground to expelll me. as my mentor is Phd and local person and most of professors are local there. so they all supported him. and expelled me.

i dont have anuy so cause or ercording, only a letter to explain me the why i publish paper in DC commitee

As i got aware of all pictures when i got expelled letter via RTI in July 2016, i started thinking to handle it.

They also sent me to a physciatrist who was connected with institute and my mentor.

i will upload all docs as soon as possible.

Still i belive that they dont have enough evidents to porrov me guilty. they expelled to show other studnets the consequences and due to influence of my mentor.

I think you need to calm down a bit ... take a deep breath ... relax your emotions for a while ... separate what you think, from what actually happened as a matter of fact ... that may be the best for both of us. And perhaps I could make out things better if I see your redacted final order of dismissal!
.
.
Having said that;
If you attempted self immolation, that is explanation enough to have you admitted in an institution of mental health. Of course I don't know you and I'm nobody to pass judgments on your fitness or otherwise, but I'll say this - it was a naive and ill-advised move to hurt yourself ... if it ever comes to evidence, your teachers and doctors can very well prove your self hurt behavior, which can constitute a symptom of being mentally unwell (not necessaily enough to constitute a clinical mental illness or institutionalisation, but enough to say that you needed some form of help). For the same reason, keeping you admitted for 7 days after a 'failed' self immolation bid would be justifiable.

Now for alleged plagiarism:

So your computer is accessible over a local network. Fair enough. But how was your mentor's paper found on your computer, such that somebody could access it off your computer?

And what do you mean by "ordinary journal" ... "on some one name"???!!! Mine is but a simple question ... was your mentor's paper published in a journal? Technically, for copyright violation and plagiarism, it doesn't matter whether the publication was in an 'ordinary journal' or Elsevier or Lancet ... or even a self published blog, for that matter. In fact, tell me if somebody (let's say 'X') did submit your mentor's paper for publication? If so, was that submission made in your name or in X's name? Was the submission made from your e-mail ID or X's email ID? What was the response of the journal? How do YOU know conclusively all that happened between X and the journal? Did you name X in disciplinary enquiry? Was X made a party to the enquiry? What do you mean by "got his paper back" ... as in did the Journal run an apology/corrigendum? Did the journal put X to notice for copyright violation? Did your mentor take any action agaisnt X or the journal? [dude if you want to use academic lingo, feel free to ... I can very well make sense of academics, much better than the riddles that you are posting, at any rate].

Right to Information:
Yes, if it comes to a showdown, the administration would be justified in refusing information to your brother. Why did you not send it in your own name? What do you fear to lose now? Anyhow, send an RTI Application in your name now and tell them its your personal information.

Dear Sir,

I will try to use more clear words in my writing.

First of all, my computer is always ON and always connected to internet so that my friends can access it remotely (all over india) when they need and can download as well as transfer papers. Our lab mates created a local shared folder, where all such stuff  are stored.

Ordninary journal means paid journals where some one can publish paper with in two or less days by paying some amount of fee.

my name was not there as author or in any form in that paper. The submission was made on somebody (say X) name.with X email id. I only asked some one say Y to pay fee when X told me to pay fee in a account.

As it is a paid journal so it accepted Mr X paper and published it online.

I told in Disciplinary enquiry meeting that X has submitted paper but Meeting members said that they dont know X. They know me so i am responsible.

X was not involved in any meeting or enquiry. May be the reason that committee members dont have control over X.

GOT HIS PAPER BACK, means my mentor wrote to paid journal about this incidence and also shown the proof that its his (mentor) work, Then the paid journal accepted the fact that some one say X has wrongly submitted that paper andso the  paid journal retrieve that paper. that means the same paper was stopped seen online.  It means now the mentor"s paper remain unpublished. So mentor publish the same paper in some other good journal.

May be the paid journal would have made apology or may contacted Mr X for that.  i dont know that. its between journal and mr X.

I dont know much, but i think he (IIT administration) had no control on mr X and paid journal. so he  (IIT administration) did not take any action for X and paid journal.

I did not put RTI by my name as till date i can say that i dont know that i am expelled (its my thinking, i could be wrong).as i have not received any such hard copy.  however i only got email. i can say that i resigned  from IIT and came to home, i dont know what happened later.

As my mentor and the IIT administration is very professional. they dont give replies easily if it is not properly texted. Also they (my mentor and the IIT administration) dont share all the informations as asked in RTI. Therefore proper RTI application formation is very important so that they become bound to give information as sought in RTI.

As i am throughout first class with high percentage student, so during June 2016, I was selected for PhD in a world top 50 university (say O) with full scholarship, but when O enquire about me in IIT. IIT told that i am mental case and being expelled. as a result, my admission was cancelled in O.

I will send all the copies i have, related to this matter by tomorrow.

Once again, Thank you very much.

I think we are running around in circles so I'll try to put my questions point wise so far as I can (my apologies but every post of yours only gives rise to more unexplained questions).

"my computer is always ON and always connected to internet so that my friends can access it remotely (all over india) when they need and can download as well as transfer papers. Our lab mates created a local shared folder, where all such stuff  are stored."- Fine. Lets assume all computers in your lab can be accessed remotely. So EITHER (a) each [remotely shared] computer has a shared directory of its own OR (b) there is one computer acting as a sort of central repository accessible for all computers. My question is stil the same: 
if condition (a) how was mentor's paper in your computer, unless you were sharing the same computer with mentor or had saved mentor's paper on your computer; 
if condition (b) then mentor's paper was in a central repository and thus accessible to all and not just by you.

* How are YOU directly connected with actual access to the paper? What connects you with the mentor's paper?

* You say the Institute adminitration or your mentor have no control over X. So how come X had unrestricted access to the networked data?

* Why did X tell YOU to pay Journal Publication Fee? What is your relationship with X?

* Why did YOU ask Y to make that payment? 

* Is there any documentray evidence of YOUR being associated with making the Journal Publication Fee?

* Has Y made a statement that you asked Y to make payment to the Journal?

* If plagiarism was the main ground of your expulsion, how was it that the Jounal's comments were not sought? That's sounds like a substantive lapse in the investigation.

* "paid journal accepted the fact that some one say X has ... submitted that paper" - Do you have a proof of this communication from Journal to mentor?

* Your explanations on RTI or reasons for not following up on the enquiry would most probably not be considered sufficent. Make a fresh RTI Applcation as of now. You don't know about your explusion (bah!) ... Of course nobody is asking you to apply for your dismissal information! Make an RTI Application referring to the enquiry against you, Show Cause notice (date, reference no. of notice, days of hearing etc. such details), ask for complete records related to the hearing given to you and copy of the final decision made by the administration. Wait and watch what defence they take to avoid information and, whatever they do, there's always an Appellate authority. [failure to communicate the outcome of enquiry to you by proper postal mail may be an irregularity but it certainly does not confer an immunity on you, nor can you count on it to make everything right for you, especially since you have been absent from research for almost an year now].

Perhaps (just perhaps) you might find a way to restrain the Institute from misrepresenting information about you but that comes much later...after you hav first proved that the dismissal is illegal. There are major gaps in your information but if I take all information provided by you as absolultely true and corect (but incomplete), you still have a hope, though it would take some effort now (make it!)

Dear Sir

Files are not attached here. it is giviing some error.

Pls send a test mail on my email id. i will attach file and send on there.