JAIWANT Vs. SECRETARY SHIVAJI

JUDGEMENT

(1.) this writ petition filed under Articles 226 and 227 of Constitution of India, the petitioner, a Clerk-cum-Typist, then serving in the College of Engineering and Technology at Akola, has challenged the order of College Tribunal, dated 15.6.1995, whereby his appeal challenging the punishment of dismissal inflicted upon him on 17.6.1993 and filed under section 45 of Amravati Universities Act, 1983, came to be dismissed. There was an earlier appeal before the very same Tribunal and said appeal was partly allowed on 8.10.1992 by the College Tribunal. The Tribunal directed the respondents to reinstate the petitioner and to proceed further with Departmental Enquiry. The Incharge Principal then issued a charge-sheet dated 19.11.1992 and levelled following charge upon the employee. "Article 1.

(2.) The Departmental Enquiry was then started. The petitioner made demand for change of Enquiry Officer, pointing out that said Enquiry Officer was biased. He also requested for permission to engage advocate to represent him during departmental enquiry and he also sought certain documents. He also made grievance that subsistence allowance was not paid to him. In the process, he cross examined only three of the witnesses and did not cross-examine remaining three.

(3.) I have heard Shri Saboo, learned Counsel for the petitioner, Shri Kaptan, learned Counsel for respondents No. 1 and 2 and Shri Parihar, learned A.G.P. for respondent No. 7.