SANDEEP KULSHRESETHA Vs. MANOJ PRATAP SINGH YADAV

JUDGEMENT

(1.) These appeals, under Sec. 2(1) of the Madhya Pradesh (Uchcha Nyayalaya Ki Khand Peeth Ko Appeal) Adhiniyam, 2005, are directed against the impugned order dtd. 27/08/2019 passed in W.P. No.4308/2016 and, thus are being decided by this common judgment. For the sake of convenience, reference to parties is in accordance with title of W.A. No.1598/2019.

(2.) By the order under challenge, the learned Single Judge, while exercising his discretionary jurisdiction under quo warranto, has quashed the order dtd. 30/9/2003 of appointment of appellant Sandeep Kulshrestha on the post of Professor (Tourism) in Indian Institute of Tourism and Travel Management (for short "IITTM"), Gwalior, as also his regularization on the said post vide order dtd. 15/6/2007 and appointment to the post of Director IITTM, Gwalior vide order dtd. 25/6/2014 having found that he had secured appointment on the post of Professor (Tourism) by furnishing incorrect information. Besides, the learned Judge also directed that since at the time of appointment to the post of Professor (Tourism), the appellant was working on the post of Reader, therefore, he should also refund the difference of salary between the pay of Reader and Professor (Tourism)/Director IITTM-Gwalior, within a period of three months therefrom failing which the delayed refund would carry interest at the rate of 6% per annum. That apart, the learned Single Judge inter alia issued directions to the CBI to start investigation against the appellant and all the OICs.

(3.) The factual matrix of the case may be summarized thus: