HYDERABAD NATIONAL COLLEGIATE BOARD Vs. NAVIN KUMAR TIWARI

JUDGEMENT

(1.) BOTH these Writ Petitions are filed challenging the order passed by the College Tribunal dated 11th July 2002. The first petition is filed being Writ Petition No. 2798 of 2002 by the Management challenging the said order and the second petition being Writ Petition No. 3017 of 2002 has been filed by the employee also challenging the various findings given by the Tribunal in the impugned Judgment. For the sake of brevity in the present petition, the petitioners in Writ Petition No. 2798 of 2002 which is the College is hereinafter referred to as the Petitioner College and Shri Navin Kumar Tiwari the Respondent No. 1 who was the Peon in the said College has been referred to as the Respondent Employee in the present judgment. Some of the material facts as briefly enumerated as under.

(2.) SOME time in or about June 1993 the respondent employee was appointed as a Peon in one of the College run by the Petitioner being K.C. College. Sometime in or about 1995 or thereafter the respondent employee was transferred to Thadomal Shahani Engineering College, which is also run by the Petitioner Collegiate Board and is one of the Engineering College at Bombay.

(3.) THE said termination order was challenged by the respondent employee by filing an appeal being Appeal no.22 of 1999 before the University and College Tribunal. The said appeal was rejected by the College Tribunal on 28th October 1999. The respondent thereafter filed a Writ Petition in this Hon'ble Court being Writ Petition No. 581 of 2000. The learned single Judge by an order and Judgment dated 11th July 2000 which is now reported in 2002 (sic) CLR on page 178 has held that the enquiry was not proper. Thus, the termination order dated 5th April 1999 was set aside on the ground that the enquiry was conducted by the Disciplinary Authority who was the Principal of the College who was also a witness on behalf of the College in the enquiry proceedings. The College in the aforesaid Judgment agreed to reconsider the said matter afresh by another authority other than the Principal of the College. This Court accordingly set aside the order and remanded the matter back for fresh enquiry.