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2017 Supreme(Ori) 457

I.MAHANTY, D.P.CHOUDHURY
Uttam Kumar Samanta – Appellant
Versus
KIIT University, represented by its Vice-Chancellor – Respondent


Advocates Appeared:
For the Appellant : M/s. Goutam Mukherjee, P. Mukherjee A.C. Panda, S. Priyadarsini, S. Mishra, S.D. Ray, S. Sahoo and S. Biswal
For the Respondents:Mr. R.K. Rath, Sr. Adv M/s. J.S. Mishra and S. Mishra, Mr. J.K. Mishra, Sr. Adv., Mr. A.K. Bose, ASG Mr. Bibekananda Nayak, CGC Additional Government Advocate

JUDGMENT :

Dr. D.P. Choudhury, J.

1. Challenge has been made to the order dated 29.9.2014 passed by the learned Single Judge in W.P.(C) No.17171 of 2011.

FACTS

2. The factual matrix leading to the case of the appellant, in this appeal, is that the appellant is a highly qualified and reputed professor in the stream of Biotechnology employed in United States of America. On being offered a post at KIIT University, he joined as Associate Professor, KIIT School of Biotechnology on terms and conditions as mentioned in the offer of appointment. It is profitable to mention that on 29.5.2010, the appellant was issued with the appointment letter in the pay band of Rs.15,600/-to Rs. 39,100/- with grade pay of Rs.7,000/- and gross salary of Rs. 46,089/-. On 28.7.2010, the appellant joined the post and continued as a probationer as a part of the condition of the service. While continuing as a probationer, the appellant found slow progress in the development activities and further noticed regarding unethical evaluation of the answer papers of the students of the University. In spite of his protest to stop such unhealthy management, there became strain relationship between the appellant and the respo



























































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