DILIP AMBILWADE Vs. YASHWANTRAO CHAVAN MAHARASHTRA

JUDGEMENT

(1.) In this petition filed under Articles 226 and 227 of the Constitution of India, the Petitioner has prayed for directions to quash and set aside the charge sheet as well as the Departmental Enquiry proceedings against him as well as quashing of the suspension order dated 30th Dec., 1994. He has also prayed in the alternative that in case he came to be dismissed during the pendency of this petition he be reinstated with full back wages and continuity of service as well as consequential benefits including promotions. While admitting this petition by order dated 9th Dec., 1998 this court has stayed the order of suspension and granted liberty to the University Authorities to proceed with the disciplinary proceedings. In Civil Application No. 168 of 2000 the further prayer of the Petitioner for interim relief was declined by this Court vide order dated 27th April, 2000.

(2.) The only question that is required to be considered by us is whether this Court while exercising its writ jurisdiction under Articles 226 and 227 of the Constitution should quash and set aside the disciplinary proceedings and whether the Petitioner has made out a case to exercise such an extra ordinary power.

(3.) We have perused the affidavit-in-reply filed by the University and noted that there are no procedural violations in the inquiry proceedings and the Inquiry Officer has been following the principles of natural justice. The Petitioner has raised some points which are irrelevant to the enquiry proceedings. Vide charge sheet dated 31st Jan., 1998 specific charges have been levelled against the Petitioner and looking at the seriousness of these charges it is in the interest of justice that the said charges are investigated into. If the employee is alleged to have indulged in some acts of omission and commission it is the prerogative of the employer to investigate into such allegations by following the procedure laid down as per Rules and it will not be proper for this Court to quash the charge sheet which will virtually amount to withdrawing the employer's right to proceed against the erring employee. This Court cannot examine the merits of the charges and it is for the Inquiry Officer to give his findings on all such charges after recording evidence of both sides and considering the defence of the delinquent employee.