SUMANTA CHAKRABARTI Vs. UNION OF INDIA

JUDGEMENT

(1.) When National Institute of Technology, Agartala issued the employment notification dated 06.09.2010 for appointment to the post of Deputy Registrar, the petitioner was serving in the Tripura State Pollution Control Board, Department of Science and Technology and Environment, Government of Tripura as Assistant Environmental Engineer. As the petitioner was eligible for appointment to the post of Deputy Registrar (Administration) for conforming to the qualification and experience as declared by the notification dated 06.09.2010, he had applied for the post of Deputy Registrar (Administration). Since the eligibility of the petitioner is not under controversy, for sake of brevity, detailed notes are avoided.

(2.) Having been recommended for appointment by the Selection Committee and approved by the Board of Governors (BOG in short), NIT, Agartala the petitioner was appointed as the Deputy Registrar (Administration) by the letter of appointment dated 21.07.2011 [Annexure-1 to the writ petition] and the petitioner joined the said post by filing the joining report dated 12.08.2011 [Annexure-2 to the writ petition]. The petitioner was confirmed in the said post by the memorandum No.NITA.2(355-Estt)/2011/8516-19 dated 04.12.2012 [Annexure-3 to the writ petition] as the Deputy Registrar (Administration), NITA. In para-7 of the writ petition, as amended, it has been averred by the petitioner that the Director, NIT, Agartala or NIT issued a memorandum under No.F.NITA.2(335- Estt)/2011/4204-05 dated 23.07.2013 [Annexure-4 to the writ petition] informing that the pension of the petitioner shall be governed by the Central Civil Services (Pension) Rules, 1972 and the leaves under CCS(Leave) Rules, 1972. Further, it has been stated that the petitioner is entitled to have the benefit of counting of his past service w.e.f. 16.03.1996 to 11.08.2011 for all purposes including leave, pensionary benefits and gratuity etc. At times, the petitioner was given the responsibility of Registrar and the petitioner discharged all duties to the full satisfaction of the competent authority. At times, the petitioner was also in charge of the Registrar, National Institute of Technology, Manipur.

(3.) All on a sudden, the petitioner received a letter dated 11.03.2016 [Anenxure-8 to the writ petition] whereunder he was informed that as per instruction of the Director, NIT Agartala, it has been decided to investigate certain issues through the respondent No.4 with regard to certain "allegations" brought against the petitioner. The allegations are shortly as follows :