Judgment

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.

2. The writ petition by the appellant was brought on the following allegations. The appellant, with a Masters degree in Aeronautical Engineering, was commissioned in the Indian Air Force on March 1, 1958 and in due course was promoted to the rank of Squadron Leader. 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. In January, 1975, the appellant was tried by a General Court Martial on four charges and was convicted on two : (1) under Section 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, contrary to the existing order on the subject and (2) under Section 65 , Air Force Act, 1950 for improperly accepting a gift from a foreign national. He was found not guilty on the remaining two charges. On March