Punjab & Haryana High Court Allows Union Govt To Take Action Against IIM Rohtak Director Accused Of Concealing Qualifications

The Punjab & Haryana High Court has lifted a bar on the Union Government to take action against IIM Rohtak Director, Dr. Dheeraj Sharma accused of concealing that he did not have a first-class bachelor's degree, a necessary qualification for the post.

The Court in 2022 had stayed the action arising out of the show cause notice sent to him by the Union, observing that the plea challenging the same is pending.

Justice Vinod S. Bhardwaj said, "The respondents (Union Government) may pass final order on the above-mentioned show cause notice already served upon the petitioner (Dheeraj Sharma)..., to which reply has already been furnished, after granting opportunity of hearing to the petitioner."

During the hearing, ASG Satya Pal Jain contended that show cause notice had already been sent but the passing of the final order was stayed and the position has remained unchanged for a period of more than two years.

He further added that the matter is being delayed on one pretext or the other on behalf of the petitioner and is not being finally argued.

Considering the submissions, the Court lifted the stay and directed to place the final order of Union, on record by the next day of the proceedings which is January 28.

The Show cause notice issued by the Union Government to Sharma for concealing that he did not possess the first class degree was challenged by him on the ground that the Authority (under Secretary to Government of India), is not competent to issue the same being not the appointing authority under the Rules.

The Court had stated in 2022 that "action arising out of the show cause notice shall remain in abeyance", observing that the "competence of the authority issuing show cause notice would remain debatable".

Ms. Shivani Sharma, Advocate and Mr. Karan Sirohi, Advocate for the Petitioner in CWP-7608-2022.

Mr. Parunjeet Singh, Advocate for the petitioner in CWP-1649-2019.

Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Pankaj Gupta, Senior Panel Counsel for respondents No.1 and 2 in both cases.

Mr. Vivek Singla, Advocate for respondent No.5 in CWP-1649-2019.

DR. DHEERAJ SHARMA V/S UNION OF INDIA AND ANR [along with other case]