SWARAJ BASU vs INDRA GANDHI NATIONAL OPEN UNIVERSITY

Judgment text excerpt

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 22.08.2025 + W.P.(C) 16729/2024 SWARAJ BASU .....Petitioner Through: Mr. Abhik Chimni, Ms. Pranjal Abrol, Mr. Ayan Dasgupta & Mr. Gurupal Singh, Advocates. versus INDIRA GANDHI NATIONAL OPEN UNIVERSITY .....Respondent Through: Mr. Aly Mirza, Advocate. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL) CM APPL. 70738/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 16729/2024 1. By way of this writ petition, under Article 226 of the Constitution, the petitioner seeks regularisation and commutation of his pensionary benefits, payment of leave encashment, and release of gratuity. 2. The petitioner served in respondent – Indira Gandhi National Open University [“IGNOU”], from December 1988 until his superannuation on 31.12.2023. He was originally appointed as a Lecturer in History in the School of Social Sciences. He subsequently served as Director, Distance Signature Not Verified Signed By:PARUL VASHIST W.P.(C) 16729/2024 Page 1 of 7 Signing Date:23.08.2025 18:56:47 Education Council [“DEC”], IGNOU, from October 2005 to October 2008, and as Director, School of Social Sciences, IGNOU, from July 2016 to June 2019. 3. In anticipation of the petitioner’s superannuation, the Academic Coordination Division of IGNOU sought vigilance clearance in respect of the petitioner’s service. The Vigilance Cell, by its report dated 11.10.2023, stated that an FIR had been registered under Section 13(1)(d) of the Prevention of Corruption Act, 1988, read with Section 120-B, 420 of the Indian Penal Code, 1860, pursuant to a decision of the Supreme Court1, and that “the matter is under investigation by CBI”. This was based on a communication from the Centr