LAWS(SC)-2015-10-111

I. ISMAIL Vs. K. SHAMEEM RANI AND ORS.

Decided On October 30, 2015
I. Ismail Appellant
V/S
K. Shameem Rani And Ors. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are preferred against the judgment dated 9.2.2011 passed by the Madurai Bench of Madras High Court in Writ Appeal (MD) No. 295 of 2010 and order dated 30.6.2014 passed in Review Application (MD) No. 84 of 2012.

(3.) The facts in brief are as follows: The appellant joined the second respondent College as Assistant Professor in the year 1978 and was promoted as Professor in the year 1988. He was appointed as Principal in the year 1999. A charge memo containing 31 charges was served on the appellant on 30.8.2003. The first 9 charges related to harassment including sexual harassment based on the complaint given by the first respondent and other charges related to misuse of power, insubordination and misappropriation etc. A retired District Judge was appointed as Enquiry Officer and after a detailed inquiry, he submitted report holding that the charges levelled against the appellant were proved except charge nos. 4, 10 to 15, 23 and 25. After following the procedure an order of removal dated 2.12.2005 was passed by the second respondent college and the appellant challenged the said order in WP No. 11618 of 2005 before the High Court. In the meanwhile, new governing body for the second respondent college was constituted on 25.6.2006 and it passed resolution on 29.5.2006 and ordered to reinstate the appellant with consequential benefits. The appellant re- joined the service and withdrew his writ petition on 12.7.2006.