Six years after his appointment was challenged, the Punjab and Haryana high court (HC) allowed the Central government to pass final order against Dheeraj Sharma, director, Indian Institute of Management (IIM), Rohtak, accused of concealing vital information about his academic qualification. The court, however, said that same be not given effect to, if it is prejudicial to Sharma.
His first term as the IIM-Rohtak director came to end on February 9, 2022 and he got a second term on February 28. The dispute is about his first tenure. According to the allegations, at the time of appointment, he had concealed the fact that his bachelor’s degree is in second division, whereas the requirement for the same was of first division. The government acknowledged the lapse in 2022 and he was issued a show-cause notice, seeking explanation as to why necessary administrative action should not be taken against him for “deliberately concealing material information” about his academic qualification at the time of his appointment.
However, acting on Sharma’s plea filed in April 2022 challenging the notice, the court had asked him to respond to show cause notice but restrained the Centre from taking any action pursuant to the show-cause notice. His appointment was challenged in 2019 by one Amitava Chaudhary, claiming that Sharma was not eligible to hold the post.
During the recent hearing, Additional Solicitor General of India Satya Pal Jain had contended that the court had stayed the proceedings of show cause, to the effect that final order be not passed. The reply to the said show-cause notice has already been received but passing of final order is stayed; and the position has remained unchanged for a period of more than two years, Jain had submitted adding that “matter is being delayed on one pretext or the other” by Sharma.
{{/usCountry}}During the recent hearing, Additional Solicitor General of India Satya Pal Jain had contended that the court had stayed the proceedings of show cause, to the effect that final order be not passed. The reply to the said show-cause notice has already been received but passing of final order is stayed; and the position has remained unchanged for a period of more than two years, Jain had submitted adding that “matter is being delayed on one pretext or the other” by Sharma.
{{/usCountry}}The bench of justice Vinod S Bhardwaj, while posting the matter for January 28, said that respondents may pass the final order and same be produced before the court on the adjourned date. “It is, however, made clear that the final order, if passed to the prejudice of the petitioner, shall not be implemented till the next date of hearing,” the court added.