GUWAHATI, India, May 27 -- Gauhati High Court issued the following order on April 28:

1. Heard Mr. T.H. Hazarika, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned Standing counsel for the respondent Nos. 1 and Mr. K. Gogoi, learned Standing counsel for the respondent Nos. 2, 3 and 4.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Dr. Sonu Kumar, has prayed for setting aside and quashing the letter No. SASU/CHB/31/2020/1831, dated 29.02.2024 (Annexure-8), issued by the respondent No. 4, with approval of the respondent No. 3.

3. It is to be noted here that vide impugned letter, dated 29.02.2024, the appointment of the petitioner as Librarian of the respondent No. 2 University, was cancelled.

4. The background facts, leading to filing of the present petition, are briefly stated as under:

"Pursuant to an advertisement, dated 15.09.2023, (Annexure-1), issued by the Registrar, Sri Sri Aniruddhadeva Sports University ("SASU" , for short), Chabua, Diburgarh for filling up the post of Librarian, the petitioner had applied for the same and participated in the selection process, and he was selected for the said post also. Thereafter, an offer letter, dated 28.12.2023 (Annexure-4) was issued to him. Thereafter, another letter (Annexure-7) was issued on 24.01.2024, by which he was informed that his joining to the said post of Librarian was kept in abeyance until further order and that the documents submitted by him, against the letter, dated 28.12.2023, were under verification. Thereafter, vide impugned letter, No. SASU/CHB/31/2020/1831, dated 29.02.2024 (Annexure-8), his appointment was cancelled without giving any reason. Being aggrieved, the petitioner has approached this Court by filing the present petition, seeking the relief as aforesaid."

5. The respondent No. 4/Registrar of SASU, had filed affidavit-inopposition, wherein a stand has been taken that the petitioner has neither completed 10 years as Deputy Librarian in Amity University, wherein he is presently serving, nor completed 10 years as Librarian in Mahaveer Institute of Technology, Meerut. And that the letter, dated 28.12.2023, was an offer letter for appointment, not an appointment letter, which is self-explanatory and in point No. (xii) of the offer letter, it is clearly stated that formal appointment letter will be issued on acceptance of offer letter and upon fulfilment of the terms and conditions as thereto, and further in point No. (xiv) of the said letter, it is being mentioned that any information/documents submitted during the entire selection process and at the time of joining, if found false and fabricated, will lead to cancellation of the appointment and legal action will be taken as per law.

5.1. It is also stated that the petitioner had suppressed material facts during the entire period i.e. from filing application for the post of Librarian, till his selection and at the time of reporting for joining also, and that the petitioner had submitted three system generated pay slips, issued by Amity Edu Group, and perusal of the same indicates that his basic pay is Rs. 19,500/-, conveyance allowance is Rs. 1,600/-, special allowance is Rs. 21,287/-, which makes his total amount of salary Rs. 42,387/-.

5.2. Then again on 23.01.2024, the petitioner had submitted another salary certificate, issued by the Director HR, Amity University, dated 22.01.2024, certifying the service duration and salary breakup of the petitioner in the salary grade of Rs. 15600- 39100-AGP-8000. And at the time of interview on 16.12.2023, he had submitted experience certificate, dated 16.12.2023, issued by the Director HR, Amity University that he has been working as Deputy Librarian since 14.08.2015, in the pay scale of Rs. 15000- 39100/- AGP 8000 and his total salary is Rs. 42,387/- per month. But, the salary certificate, submitted by him on 23.01.2024, the word used was salary grade, instead of pay scale, as mentioned in the experience certificate, dated 16.12.2023.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqIPhDPJbKTzuzcRBET5TWbw9cPnCKSSRoC4bDaHDDfJr&caseno=WP(C)/1808/2024&cCode=1&cino=GAHC010064462024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.