RAM AVTAR SHARMA Vs. MAHARAJA AGRASEN COLLEGE

JUDGEMENT

(1.) This is an appeal under Sec. 37 directed against the judgment of a learned single judge who rejected the Petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ("the Act"). The appellant had impugned the award of an Arbitral Tribunal.

(2.) The relevant facts are that the appellant was, at the relevant time, Principal of Maharaja Agrasen College, Delhi ("the College"). The Governing Body of the College noticed irregularities and alleged misconduct on his part; a charge -sheet on 23 counts was served upon him. An Inquiry was initiated against him; a retired judge of this Court was designated as Inquiry Officer. The Report submitted by the said Judge held that 22 out of 23 charges against the appellant were not established. On the 23rd charge (which had 177 sub -heads) the College had, during proceedings pressed only 69 charges. Of these 69 charges, the Enquiry Officer found that 28 charges were not proved. Of the remainder 41, the Enquiry Officer found as under:

(3.) The Appellant was removed from service. The petitioner assailed his removal from service by the Management Committee on the basis of Inquiry Report. Under Ordinance XII of University Calendar the Chancellor constituted a Tribunal/Appeal Committee. Before the Appeal Committee, the appellant urged various pleas. This Committee upheld the report and findings of the inquiry and also the determination of the Management Committee, including the punishment.