F R JESURATNAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Delhi dismissing in limine the appellant's writ petition against an order of the Indian Institute of Technology, Delhi terminating his services.

(2.) The writ petition by the appellant was brought on the following allegations. The appellant, with a Master's degree in Aeronautical Engineering, was commissioned in the Indian Air Force on March 1, 1958 and in due course was promoted to the rank of Squadron Leader. During the years 1972 to 1975 he was an Assistant Director in the Rockets and Missiles Department of the Defence Research and Development Organization, New Delhi. In January, 1975, the appellant was tried by a General Court Martial on four charges and was convicted on two: (1) under Section 45, Air Force Act, 1950 for behaving in a manner unbecoming of the position and character expected of him as an officer in meeting secretly on several occasion a foreign national, contrary to the existing order on the subject and (2) under Section 65 , Air Force Act, 1950 for improperly accepting a gift from a foreign national. He was found not guilty on the remaining two charges. On March 4, 1975, the General Court Martial directed that he be cashiered and suffer rigorous imprisonment for six months. The findings and sentence of the General Court Martial were confirmed by the Chief of the Air Staff on April 8, 1975 and he directed that the sentence of rigorous imprisonment be carried out by confinement in civil prison. Subsequently, by an order dated May 24, 1975, the Central Government remitted the unexpired portion of the punishment of rigorous imprisonment.

(3.) The appellant was anxious to join the Indian Institute of Technology, Delhi and obtained a certificate to enable him to do so. The Air Headquarters, New Delhi issued the certificate reciting that he was commissioned in the Indian Air Force and was posted to the Defence Research and Development Organization, Ministry of Defence. It also stated that he was tried by General Court Martial in January, 1975 and in the result he was cashiered from service and also sentenced to rigorous imprisonment for six months. The fact of remission of the imprisonment was also stated. On July 15, 1977, the appellant was offered appointment to the post of Senior Research Assistant in the Department of Applied Mechanics of the Indian Institute of Technology for the programme of writing a monograph on 'Large Deformation in Metallic Materials' undertaken by Professor B. Karunesh of the said Department, and it was specifically mentioned that the appointment was purely temporary, subject to verification of the appellant's character and antecedents from the Government, and could be terminated on 24 hours notice in writing by either side. The appellant accepted the appointment and joined the Institute the next day.