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c. Soon after the Petitioner joined IGIB, an Office Memorandum was issued on 25.05.2009, by DSIR, formulating a Scheme for 'Encouraging Development and Commercialization of Inventions and Innovations: A New Impetus'. Vide OM dated 30.11.2009 the Scheme was implemented in CSIR, permitting Scientific Researchers to hold equity stakes in scientific enterprises /spin offs while in professional employment with their Research and Academic Institutions and also provided exemptions from application of Rules 15, 16 & 18 of CCS (Conduct) Rules and FR- 11 as well as other Rules applicable to the scientists, who were permitted by DG-CSIR to hold equity stakes in the start-up Companies.

f. While the Petitioner was on deputation a Fact Finding Committee was constituted by CSIR to examine the possibility of a conflict of interest between the Petitioner's role as a Non-Executive Director of Vyome and the IGIB Projects handled by him. The Committee constituted by HOD Pharmacology, AIIMS, Former HOD, Dermatology, RML Hospital and Technical Advisor, DG CSIR met on 07.09.2016 and after evaluating the material on record, recommended that there was no conflict of interest. g. The Petitioner was thereafter repatriated to NII on 24.11.2016 and on the next day appeared for interview for the post of Director, NII, which according to the Petitioner triggered the spate of harassments against him, which continue till date. After a month Petitioner received an OM dated 22.12.2016 from NII, calling upon him to explain and provide details with respect to his engagement with Vyome, followed by another OM dated 03.01.2017 seeking additional information. Both were responded to by the Petitioner and requisite information was furnished.

"Findings of Inquiry Officer on Charge 1:
The attention of the Disciplinary Authority is invited towards contents of policy decision contained in OM (File No. 3/3/2009-TU/V/Knowledge-to-equity) dated 25.05.2009 issued by the Department of Science and Technology (DSIR), GOI regarding a scheme for "Encouraging Development and Commercialization of Inventions and Innovations: A new impetus" (Annexure-22) and to the CSIR Office memorandum (No. 34/ENT/2009-PPD) dated 30.11.2009 (Annexure-23) regarding implementation of the said scheme in CSIR, which permitted scientific researchers to hold equity stake in scientific enterprises/spin offs while in professional employment with their research and academic institutions and also provided exemption from the application of Rule 15, 16, 18 of the CCS (Conduct) Rules, and FR-11 as well as other related rules to the Scientists who were permitted by the DG, CSIR to hold equity stake in the startup Company. Incidentally, Department of Biotechnology also had a similar scheme circulated vide their OM No. BT/NBDB/13/01/2014 dated 25.11.2014 (Annexure-24). The charged officer had applied to the DG CSIR, Secretary DSIR, GOI/his Disciplinary Authority in CSIR, requesting permission to start a Scientific enterprise under the aforementioned scheme of the GOI & to join the proposed enterprise as a 'Non-executive Director'. He also requested for permission to hold the Founder-stocks in the proposed enterprise. He was granted in principal approval/ permission for the same on 02.06.2010 (Annexure-12). Soon thereafter the said startup scientific enterprise i.e. M/S Vyome Biosciences Pvt. Ltd. was established. Although no specific permission was given but all other related approvals were given. He was also granted permission/approval to render consulting services to M/S Vyome Biosciences and before entering into a Consulting agreement with the company, the same was duly vetted and approved by CSIR. During his deputation in CSIR-IGIB, on 27.10.2010 on approval was granted to him by DG, CSIR, the competent Authority/ disciplinary Authority to sign the aforementioned consulting agreement in his individual capacity. The amended consulting agreement dated 30.07.2015 was also drawn up with the approval of DG, CSIR.

24. Additionally, to substantiate the innocence of the Petitioner, Counsel for the Petitioner has rightly placed reliance on the two reports of the Fact Finding Committees (FFCs). The first FFC comprising of HOD Pharmacology, AIIMS, Former HOD Dermatology, RML Hospital and Technical Advisor, DG, CSIR, after evaluating all material facts made recommendations ruling out any conflicting interest between the Petitioner's engagement with Vyome and discharge of his duties as Director IGIB. The recommendations were duly approved by DG, CSIR.