AMIT SHARMA Vs. INDIAN INSTITUTE OF MANAGEMENT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 23/1/2019 (Annexure P6) passed by Administrative Officer, Indian Institute of Management at Sirmaur, whereby petitioner herein, who was working as an Office Assistant in IIM, Sirmaur, HP, came to be terminated, petitioner has approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, praying therein for the following main relief:

(2.) Precisely, the facts of the case as emerge from the record are that pursuant to advertisement No. IIMS/ Personnel/225/2017 dtd. 30/9/2017, petitioner herein applied for the post of Office Assistant kept reserved for OBC category. Being fully eligible petitioner was permitted to appear in the written examination, which was held on 13/4/2018 (Annexure R1). Based on over all performance, respondent/ Institute, while declaring petitioner successful for being appointed against the post in question, advised him to complete pre appointment formalities vide letter dtd. 11/7/2018 (Annexure R2). Petitioner submitted his willingness to join IIM Sirmaur accompanied by four sets of Attestation Form and Medical Fitness Certificates counter signed by Chief Medical Officer (Annexure R3). After scrutiny of documents submitted by the petitioner, he came to be issued offer of appointment vide letter dtd. 27/7/2018 (Annexure R4).

(3.) Pursuant to aforesaid offer of appointment, petitioner joined the Institute on 2/8/2018 and also submitted undertaking dtd. 2/8/2018 regarding verification of character and antecedents, (Annexure R5 and R6). After petitioner's having joined the respondent/ Institute in terms of appointment, respondent sent the Attestation Form submitted by the petitioner to the Deputy Commissioner, Sirmaur at Nahan, who after having perused Attestation Form, apprised respondent/ Institute that nothing adverse was reported against the petitioner. However vide letter dtd. . 30/11/2018, Deputy Commissioner Sirmaur at Nahan apprised respondent/ Institute that two FIRs were lodged against the petitioner and same were under trial (Annexure R8) i.e. FIR No. 171/2017 dtd. 20/4/2017 under Ss. 420, 120B IPC and Sec. 7 of HP Prevention of Malpractice Act and FIR No. 65 of 2018 dtd. 1/4/2018 under Ss. 341, 323, 506 and Sec. 34 IPC.