DIPTI SINGH Vs. PREM NARAYAN

JUDGEMENT

(1.) This petition raises a short question. The petitioner joined the post of a Technical Assistant in the Indian Agricultural Statistics Research Institute (I.C.A.R.) New Delhi on 12.9.197). There was an advertisement for the post. He applied. He was selected. An appointment letter dated 26.7.1979 was issued to him, though he actually joined on 12.9.1979. On 20.8.1982 his services were terminated on the ground that he is not a fit person to be retained in the service of the Institute as he believes in Anand Margi 'ideology'. The petitioner brought this writ petition on 25.1.1983 challenging the order of termination on a variety of grounds.

(2.) Mr. C.K.Mahajan oil behalf of the Institute has shown me the note of the Assistant Administrative Officer dated 17.8.1982 suggesting to the Director that the services of the petitioner be terminated with immediate effect. It is not disputed that this order is the foundation of the impugned action.

(3.) From this note it appears that the only ground which seems to have weighed with the Assistant Administrative Officer was the report of the Deputy Commissioner of Police, Delhi. The Institute asked the Police to verifv the character and antecedents ol' the petitioner. The Deputy Commissioner submitted a report. In the report it is sa.id that the petitioner was an active member of Anand Margis and took part in their demonstrations on 27.3.1973. He was arrested at that time and was lodged in jail for about 7 days to serve the sentence. It is then said that he remained in detention under the Maintenance of Internal Security Act (MISA) during the period from 30.10.1976 to 21.3.1977.