B. DIWAKER Vs. JAMIA MILLIA ISLAMIA UNIVERSITY

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India is filed by the petitioner seeking the relief of restraining the respondent/employer/Jamia Millia Islamia University from recovering an amount of Rs. 23,69,016/- from the petitioner, and which amount was sought to be recovered by the respondent on account of the emoluments paid to the petitioner in the study leave period of two years.

(2.) On the very first date of hearing when this writ petition came up for admission and for consideration of grant of interim orders, a detailed order, encompassing the relevant issues which arose, was passed on 28.5.2015, giving partial interim relief to the petitioner, and which order reads as under:-

(3.) A reading of the pleadings of the parties show that the following aspects are indubitable:-