NATIONAL INSTITUTE OF TECHNOLOGY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The brief history of the case are as follows:-

(2.) The ultimate Departmental action could be initiated against the delinquent officer after the result of the criminal case pending against him is disposed of by the Court of law and there is no embargo to have both the remedies taken together. When this is so, as per the complaint lodged by the college authorities, charge sheet was filed and the case in C.C.No.307 of 1995 was tried before the learned Magistrate's Court and the second respondent was convicted for offence of forgery for a period of three months and imposed a fine of Rs.1,000/-. As against the judgment and conviction, the second respondent preferred an appeal before the Sessions Court, Trichy, in Criminal Appeal No.170 of 1996 and got his sentence suspended on 09.08.1996. Consequently, the criminal appeal was disposed of by the learned I Additional District and Sessions Judge-cum-Chief Judicial Magistrate on 15.07.2007. The learned judge set-aside the judgment of the trial Court and acquitted the second respondent from his offences.

(3.) As against this judgment of acquittal, the petitioner herein preferred a revision before this Court in Crl.R.C.No.401 of 1998 and the same was admitted by this Court. During the pendency of the said criminal revision case, the second respondent, on his request, was re-instated in service, subject to the result of the criminal revision in Crl.R.C.No.401 of 1998. In the meanwhile, the second respondent filed another claim petition before the Labour Court, claiming back-wages and it was entertained and pending in C.P.No.56 of 1998, which was subsequently withdrawn on 16.03.2000. The Labour Court dismissed the said case in C.P.No.56 of 1998, by its order dated 22.03.2000. The second respondent was temporarily reinstated on his request, on the basis of the judgment of the District Court dated 12.05.1999. His appointment was purely temporary. As regards the revision preferred by the college in Crl.R.C.No.401 of 1998, this Court was pleased to allow the revision on 19.01.2001 and remanded the matter for fresh disposal back to the lower first appellate Court, in view of the findings rendered by the Court. Pursuant to the remand, the matter was taken on the file of the first appellate Court in Criminal Appeal No.170 of 1996 and ultimately the same was disposed of by the 1st Additional Sessions Judge-cum-District Court / Chief Judicial Magistrate on 30.07.2001 and pursuant to this judgment, the conviction of the second respondent herein has been confirmed by the first appellate Court. Thereupon, the petitioner herein terminated his service on 23.11.2001, with immediate effect on two grounds, viz., (i) As the second respondent was a temporary employee appointed under Rule 10(a)(1) of the General Rules of Tamil Nadu and Subordinate Service and that secondly as he has been sentenced to three months imprisonment and fine of Rs.1,000/-, as per the judgment of Criminal Appeal in Crl.A.No.170 of 1996, by the first Additional Sessions and District Court-cum-Chief Judicial Magistrate, Trichy for the offence under Section 471 r/w 465 IPC. This order was duly served on him on 28.11.2001 and he has been out of service ever since then.