VINOD S O HARIRAMAJI DESHMUKH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India, is directed against the order passed by the College Tribunal for Marathwada, Nagpur and Amravati Universities, dated August 18, 1989 in Appeal No. A-1/88.

(2.) THE petitioner was appointed as Peon on temporary basis on 1st July, 1981. He was later on promoted as Junior Clerk vide order dated 10th December, 1984 with effect from 1st December, 1984. He worked in this capacity upto 14th February, 1987. While he was in service, it came to the notice of the Management that the petitioner had produced false Caste Certificate for getting service in the respondent-institution and also had filed false certificate and affidavit to get the promotion to the post of Junior Clerk. Immediately after receipt of the said information, the Management took remedial action and in the first place reverted the petitioner to the post of Peon from 11th February, 1987. This was followed by the show cause notice issued by the respondent-Management calling upon the petitioner to show cause why his services should not be terminated on the ground that he has used false certificate and filed false affidavit for getting service in the institution run by the respondent-Management. This notice was sought to be served through one of the Peons of the respondent, on the petitioner, however, it is stated that the petitioner refused to accept the said notice. The concerned notice server had made endorsement in this behalf and reported the same. It is the case of the respondents that inspite of the service, the petitioner did not appear in the enquiry which was conducted pursuant to the aforesaid show cause notice. Consequently, the enquiry proceeded ex parte against the petitioner. The enquiry was conducted by the retired District and Sessions Judge/shri Nilajkar who was appointed as the Enquiry Officer. The Enquiry Officer, on the basis of the material on record, prepared a report dated 9th July, 1987 and submitted the same to the Disciplinary Authority for its consideration. The Disciplinary Authority, before passing a final order, issued show cause notice to the petitioner dated 17th August, 1987, calling upon the petitioner to show cause as to why his services should not be terminated for the misconduct committed by him of having submitted false certificate and affidavit for getting service. On receipt of the said show cause notice, the petitioner seems to have submitted a written reply in which he had disputed that at no point of time the service has been effected on him with regard to the enquiry which was conducted by the Enquiry Officer. This plea, however, did not find favour with the Disciplinary Authority and the Disciplinary Authority passed the order terminating the services of the petitioner on 16-1-1988.

(3.) THE petitioner filed appeal before the College Tribunal for Marathwada, Nagpur and Amravati Universities, being Appeal No. A-1 of 1988. The main question which was argued before the Tribunal was that no service was effected on the petitioner and as such the proceedings were vitiated. On the other hand, the respondents contended that service was sought to be effected through notice server, but the same was refused and as such it was sufficient service to proceed with the enquiry against the petitioner. The Tribunal accepted the plea taken by the respondents which was supported by the evidence of the Notice Server. Accordingly, the Tribunal dismissed the appeal preferred by the petitioner on the ground that no illegality was committed by the respondents in terminating the services of the petitioner for the grave misconduct committed by him. It is this decision which is subject matter of challenge in the present petition.