PROF. ( DR. ) RAMAKAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed by the petitioner for issuance of a writ commanding the respondents to issue confirmation order in favour of the petitioner for the post of Professor in the Department of Civil Engineering, at National Institute of Technology (in short, "NIT'), Patna, which carries the pay scale of PB-4 (Rs.37,400.00 to Rs.67,000.00) with academic grade pay of Rs.10,500.00 and further to grant consequential promotion to the post of Professor in the Higher Administrative Grade in the pay scale of Rs.67,000.00 to Rs.79,000.00, with academic grade pay of Rs.12,000.00.

(2.) Learned Counsel for the petitioner, at the outset, submits that during the pendency of the present writ application, the Vigilance Clearance Certificate has been given by the Registrar, NIT, Rourkela, vide certificate, dtd. 9/7/2021, and the same has been communicated to the Registrar, NIT, Patna, vide letter, dtd. 9/7/2021 itself. Accordingly, learned Counsel for the petitioner seeks permission to withdraw this writ application.

(3.) Mr. Y. V. Giri, learned Senior Counsel, appearing on behalf of the respondent nos. 2 and 3-NIT, Patna, submits that respondents have got no objection if the petitioner is permitted to withdraw this writ application. However, learned Senior Counsel submits that the interlocutory application, being I. A. No. 02 of 2020 filed by the NIT, Patna, may also be decided while allowing the withdrawal of the writ application, which the respondent nos. 2 and 3 have filed for initiating the proceeding against the petitioner under Sec. 340 of the Code of Criminal Procedure, 1973, for furnishing misleading information on affidavit before this Court in the present case, whereby and whereunder the petitioner has also defamed the respondents-institution and this Court may direct for lodging of a complaint against the petitioner under Sec. 195 (1) (b) of the Code of Criminal Procedure, 1973. Learned Senior Counsel further submits that the petitioner has suppressed the fact regarding pendency of vigilance case inasmuch as in reply to the statements made in the counter affidavit filed by the respondents-NIT in the present case, regarding pendency of Vigilance Case No. 19584 of 2014, dtd. 1/9/2014, at NIT, Rourkela, the petitioner, in his reply/rejoinder, stated that no proceeding of any kind is pending against him and even though, the respondents are not issuing the confirmation order for the post of Professor.