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Dr. Lokendra Kumar Tiwari vs Professor Som Nath Biswas, ...

High Court Of Judicature at Allahabad|16 March, 2016

JUDGMENT / ORDER

Affidavit of compliance of opposite party no.1 and reply to the compliance affidavit of the applicant filed today are taken on record.
With the compliance affidavit, show cause notice dated 10.3.2016 issued to the appointees/applicants have been brought on record.
It appears that in the 15th meeting held on 2nd March, 2016, the Board of Management of the Institution, namely, Indian Institute of Information Technology, Allahabad had resolved that prima facie the appointments made by the Institution in the years 2011, 2012 and 2013 are not in accordance with the prescribed norms.Show cause notice,therefore, is issued to each of the appointees and their employment record at the institution and other relevant documents are to be placed before the Board in its meeting. The time till 31st March, 2016 has been given to the noticees to submit their reply.
Learned counsel for the applicants insisted that in any case the applicants cannot be restrained from working in the institution after the cancellation order was quashed by the Writ Court.
Shri Navin Sinha, learned Senior Advocate assisted by Shri Rohan Gupta,for the opposite party,however, submits that in view of the inquiry being undertaken by the opposite party regarding irregularities in the appointment of the applicants and other appointees, they are not allowed to work against their post.However, he submits that as per his instructions, the applicants/appointees would be paid their salary even for the period of non working i.e. from the date of order dated 11.12.2015 passed by the Writ Court till a decision is taken by the Board. This period would not be treated as the period of non working of the applicants/appointees.
At this stage, learned counsel for the applicants submits that the applicants undertake to file their reply to the show cause notice within the time provided therein.
In the event, such reply is submitted by the applicants, the Board shall make an endeavour to take a decision in accordance with law and place it before this court on the next date fixed.
List on 26th April, 2016.
Order Date :- 16.3.2016 Atul kr. sri.
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Title

Dr. Lokendra Kumar Tiwari vs Professor Som Nath Biswas, ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
16 March, 2016
Judges
  • Sunita Agarwal