On July 15, 1977, the appellant was offered appointment to the post of Senior Research Assistant in the Department of Applied Mechanics of the Indian Institute of Technology for the programme of writing a monograph on Large Deformation in Metallic materials undertaken by Professor B. Karunesh of the said Department, and it was specifically mentioned that the appointment was purely temporary, subject to verification of the appellants character and antecedents from the Government, and companyld be terminated on 24 hours numberice in writing by either side.
The Air Headquarters, New Delhi issued the certificate reciting that he was companymissioned in the Indian Air Force and was posted to the Defence Research and Development Organization, Ministry of Defence.
Subsequently, by an order dated May 24, 1975, the Central Government remitted the unexpired portion of the punishment of rigorous imprisonment.
From the judgment and order dated 8th November 1978 of the High Court of Delhi at New Delhi in C.W. No.
Professor Karunesh, under whom the appellant was working, was apparently apprised of the Ministrys letter but he recommended that the appellant be retained in service.
The letter also drew the attention of the Institute to an office memorandum dated May 14, 1965 of the Ministry of Home Affairs that persons who were dismissed from service were disqualified from future employment under the Government and added whether the same disability would apply in the case of the appellant should be decided by the Institute.
The appellant alleges that unknown to him the Institute companymunicated with the Ministry of Defence in regard to his employment, and in reply the Ministry informed the Institute by letter dated November 19, 1977 of the appellants companyviction and sentence by a General Court Martial and also of the fact of remission of the unexpired period of his imprisonment.
The appellant accepted the appointment and joined the Institute the next day.
It also stated that he was tried by General Court Martial in January, 1975 and in the result he was cashiered from service and also sentenced to rigorous imprisonment for six months.
On January 21, 1978, the Institute issued an order stating that the appellants services were numberlonger required and that they would stand terminated on the expiry of 24 hours.
The fact of remission of the imprisonment was also stated.
The writ petition by the appellant was brought on the following allegations.
N. Sharma, R. N. Poddar and N.N. Sharma, for Respondent Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by PATHAK, J. This appeal by special leave is directed against the judgment of the High Court of Delhi dismissing in limine the appellants writ petition against an order of the Indian Institute of Technology, Delhi terminating his services.
The appellant was anxious to join the Indian Institute of Technology, Delhi and obtained a certificate to enable him to do so.
The appellant, with a Masters degree in Aeronautical Engineering, was companymissioned in the Indian Air Force on March 1, 1958 and in due companyrse was promoted to the rank of Squadron Leader.
The findings and sentence of the General Court Martial were companyfirmed by the Chief of the Air Staff on April 8, 1975 and he directed that the sentence of rigorous imprisonment be carried out by companyfinement in civil prison.
318 of 1978.
Appellant in person A. Francis, Miss A. Subhashini and R.N.Poddar, for Respondent No.
On March 4, 1975, the General Court Martial directed that he be cashiered and suffer rigorous imprisonment for six months.
2 and 3.
In January 1975, the appellant was tried by a General Court Martial on four charges and was companyvicted on two 1 under s. 45, Air Force Act, 1950 for behaving in a manner unbecoming of the position and character expected of him as an officer in meeting secretly on several occasion a foreign national, companytrary to the existing order on the subject and 2 under s. 65, Air Force Act, 1950 for improperly accepting a gift from a foreign national.
He was found number guilty on the remaining two charges.
During the years 1972 to 1975 he was an Assistant Director in the Rockets and Missiles Department of the Defence Research and Development Organization, New Delhi.
786 of 1978.
