(1.) THIS petition is directed against the order dated 9/12/2004 passed by the respondent no. 1 society, suspending the petitioner, who was holding the post of Principal of Milind College of Arts, Nagsen van, Aurangabad.
(2.) THE facts, emerging from the petition, reveal that : in the year 1982, the petitioner was appointed as a lecturer in Dr. Babasaheb Ambedkar college of Commerce and Economic, Wadala, Mumbai. In the year 1995, he was selected as Principal and came to be appointed in that college as principal. On 18/5/2002 the petitioner came to be transferred from Mumbai to Aurangabad, where he was directed to work as Principal of Milind college of Arts, Aurangabad, in place of Respondent no. 3. During the tenure of the petitioner as principal, some irregularities were notice by the respondent no. 1 society. Consequently, the Secretary of the respondent no. 1 society under the orders of the Chairman directed the petitioner to handover charge of the post of Principal to the respondent no. 3, who was brought from Mumbai to Aurangabad to act as Principal of the said college.
(3.) THE petitioner challenged the aforesaid order dated 3/11/2004 before the Dr. Babasaheb Ambedkar Marathwada University and College tribunal, at Aurangabad (the Tribunal, for short) by filing an appeal bearing No. 13/2004. The said appeal came to be dismissed by the learned presiding officer of the Tribunal vide order dated 8/11/2004 holding it to be not maintainable in view of section 59 of the Maharashtra Universities act, 1994.