[Civil Appeal No. 5828 of 2013 arising out of SLP(C) No.39067 of 2012]. The question that has come up for consideration in this appeal is whether the appellant-institute is justified, in directing the respondent to refund the entire amount of Rs.12,32,126/- paid to him towards salary and other allowances for pursuing Ph. D studies at IIT, Kanpur, on failure to produce the certificate of obtaining the Ph. D, for which study leave was granted. The appellant-institute was established by the Ministry of Human Resource & Development, Government of India in the year 1989 and has been fully funded by the Central Government. The respondent joined the service in the appellant-institute as Lecturer in Mechanical Engineering on30.08.1993. He applied for grant of study leave for pursuing his Ph. D at IIT, Kanpur. The competent authority acceded to that request and granted three years study leave commencing from 24.07.1999 to 22.07.2002. The respondent after executing necessary bond proceeded on study leave on24.07.1999 and three years period was completed on 24.07.2002. Due to various reasons, the respondent could not complete his Ph. D studies and he joined back in service as Lecturer in the Institute in November 2003.
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