S I MYADAR Vs. REGISTRAR KARNATAKA UNIVERSITY

JUDGEMENT

(1.) In this writ petition, the following question of law arises for consideration, namely,

(2.) The facts of the case, in brief, are these: The petitioner was a Watchman in the service of the Karnataka University. On a charge that he had committed theft of certain articles belonging to the University which were in his custody as a Watchman, he was prosecuted for an offence of theft under Section 381 and also for an offence under Section 414 of the Indian Penal Code. It is not disputed that with effect from 22-11-1977 the petitioner had remained unauthorisedly absent from duty. However, by an order dated 19-5-1978 he was placed under suspension with immediate effect pending disposal of the criminal case against him. In Criminal Case No. 542/78 before the Civil Judge & C.J.M., Dharwad he was convicted for the offences with which he was charged, by an order dated 31-8-1978. Having regard to the serious charges involving moral turpitude for which the petitioner was punished, the University made an order on 16th July 1980 imposing the penalty of removal from service against the petitioner with effect from 22-11-1977. As a result of that order, the petitioner stood removed from service of the University. It appears that the petitioner was unsuccessful in the appeal, but, however his Criminal Revision Petition No. 495 of 1980 was allowed by this Court and conviction and sentence against the petitioner was set aside. Thereafter, the petitioner addressed a letter dated 20-6-1981 requesting for reinstatement into service. On 8-8-1981 his request was conceded and an order was made. It reads: "Sub:- Reinstatement of services of Sri S.I. Myadar, Watchman (removed). Ref:- 1. This office order No. 3192 dated 16-7-1980. 2. Order of the High Court of Kar- nataka, Bangalore, dated 19-2- 1981.

(3.) Orders of the Vice-Chancellor dated 3-8-1981.