M.G. NARASIMHA RAO Vs. THE CHAIRMAN, BOARD OF GOVERNORS, THE INDIAN INSTITUTE OF TECHNOLOGY, MADRAS, NO. 3 JASWANT BAUG (RUNWAL PARK), BEHIND AKBARALLYS, CHEMBUR NAKA, CHEMBUR, MUMBAI

JUDGEMENT

(1.) The petitioner has filed the instant Writ Petition for the issue of writ of Certiorarified Mandamus, calling for the records in the termination order dated 29.03.2012 in Letter No. F.R./150/03/2012/45, on the file of the 3rd respondent and quash the same as arbitrary, illegal, mala fide and against the principles of natural justice and further direct the 3rd respondent to permit the Petitioner to continue his services in the IIT, Madras as per his appointment order.

(2.) The case of the petitioner is that he was selected and appointed as Assistant Grade-I by direct recruitment by the Council of Scientific and Industrial Research (CSIR), New Delhi by an order dated 06.01.1999 and posted at Hyderabad, the 5th respondent office and served for 10 years. It is the further case of the petitioner again that on 07.07.2010, the petitioner was selected for the post of Assistant Registrar routed through proper channel and joined as Assistant Registrar in the I.I.T. in Indore, the 4th respondent Institute after getting relieving order from the previous employer namely, Council of Scientific and Industrial Research (CSIR). The petitioner further pleads that while he was working as Assistant Registrar in the I.I.T. in Indore, The I.I.T. Madras, the 3rd respondent herein issued notification/advertisement IITM/R/3/2010 dated 26.10.2010 calling for application in its advertisement dated 26.10.2010 for the post of Assistant Registrar-I. The qualifications as per the advertisement for the post of Assistant Registrar is as under:

(3.) It is the further case of the petitioner is that he was selected by the 3rd respondent routed through proper channel, offered and appointed him as Assistant Registrar-I on probation for a period of one year by an offer of appointment order dated 05.05.2011. The petitioner has joined in duty as Assistant Registrar-I in the I.I.T. Madras, 3rd respondent herein on 08.06.2011. A quarter was allotted to the petitioner. While so, on 18.10.2011 the 3rd respondent relieved the petitioner from the post of Assistant Registrar by the relieving order dated 19.10.2011 and directed the petitioner to report to CSIR, the 6th respondent herein and also issued an order to vacate the quarter allotted to the petitioner. The petitioner challenged the relieving order dated 18.10.2011 by filing a writ petition in W.P.No. 24726 of 2011. In the said writ petition the 3rd respondent filed a counter making certain allegations made against the petitioner for issuing the relieving order. Since the petitioner was on probation for a period of 1 year, the petitioner objected the relieving order as one of the punishment, in view of the allegations in the counter affidavit. The 3rd respondent withdrew the Relieving Order and also sought permission to withdraw the counter affidavit filed in the writ petition. On 16.11.2011 the writ petition was closed as the 3rd respondent withdrew both the Relieving Order dated 18.10.2011 and also the counter affidavit making such allegations against the petitioner.