VISWAMITHRAN Vs. MANAGER, S. N. COLLEGE

JUDGEMENT

(1.) THIS Revision Petition was filed challenging the correctness of the judgment of the Calicut University Appellate Tribunal in Appeal No. 6 of 1991 affirming the punishment of compulsory retirement imposed on the petitioner. Petitioner joined the service of the 1st respondent College as an Attender on 15.7.1965. He was subsequently promoted to the grade of Lower Division Clerk on 1.6.1971 and to the grade of Upper Division Accountant on 3.3.1983 and was further promoted to the grade of Head Accountant with effect from 25.9.1984. A charge memo dated 26.5.1989 was served on the petitioner by the 1st respondent requiring him to submit his explanation. The charges levelled against the petitioner were as follows:

(2.) AND 4 are proved. After issuing a second show cause notice proposing punishments and after getting the explanations, punishment of compulsory retirement was imposed on him. An appeal was filed before the University Appellate Tribunal and the Tribunal dismissed the appeal. The above judgment is challenged in this Revision Petition. 2. It is submitted that the judgment of the Appellate Tribunal is perverse and apparently illegal. The following grounds are urged by the petitioner to challenge the punishment of compulsory retirement:

(3.) IT is contended vehemently that the charges are vague and not specific and memo of allegations as mentions in the Statute were not attached to the charge sheet and, therefore, disciplinary proceedings taken on the basis of the above charge sheet has to be set aside. Procedure for imposing penalties is mentioned in Statute 71. Statute 71(2) provides as follows: