COMMITTEE OF MANAGEMENT KISAN DEGREE COLLEGE Vs. SHAMBHUSARANPANDEY

JUDGEMENT

(1.) Leave granted.

(2.) Admittedly, the respondent acted as a principal of the appellant's Institution. The charge levelled against the respondent was that he had misappropriated certain funds belonging to the Institution. Therefore, on22/3/1991 a charge-sheet was given to the respondent, after appointing an enquiry officer. The respondent had given the reply on 13/4/1981 to the charge-sheet. At the earliest, he wanted inspection of the documents mentioned in the charge-sheet. Admittedly, neither the documents had been supplied nor an opportunity of inspection had been given to the respondent. Instead, the enquiry officer in his letter dated 18/5/1981 had given the reply staling that since the respondent had already given the reply to the chargesheet item-wise, he was at liberty to inspect the documents at the time of final arguments on 7/6/1981. From time to time, the enquiry was postponed. Ultimately, the respondent did not participate in the enquiry. Consequently, the enquiry officer had submitted his report on 9/5/1982. Based on that report, on 23/6/1982 the show-cause notice as to why he should not be dismissed from service was given to the respondent. The respondent had not submitted his explanation. However, he requested the Committee to convene a meeting in which he desired to submit his explanation. But there being no provision to give hearing to an employee in the meeting of the Committee, the same was not given to the respondent. The appropriate resolution has been passed by the appellant on 22/9/1982 to dismiss the respondent from service, subject to its approval by the Vice-Chancellor and the Chancellor. The Vice-Chancellor in his proceedings dated 27/1/1983 and the Chancellor in his proceedings dated 12/8/1983 had given their approval under the relevant provisions of the U. P. Universities Act. Thereafter the appellant dismissed the respondent from service.

(3.) The respondent challenged the order of dismissal in WP No. 11542 of 1983 in the High court at Allahabad. Pending its disposal the respondent retired on reaching the age of superannuation on 12/12/1992. It would appear that the respondent was reappointed till the end of academic year as per rules and on the expiry of the academic year he stood superannuated according to rules w. e. f. 30/6/1993. The judgment was rendered on 5/2/1993 setting aside the orders of dismissal and leaving open the holding of fresh enquiry, if necessary. This appeal by special leave has been filed on 3/5/1993.