SHIVAJI EDUCATION SOCIETY Vs. KESHAVRAO KALE

JUDGEMENT

(1.) By this petition, management of a College seeks quashing and setting aside of the judgment dated 19/2/1999 delivered by the Presiding Officer, College Tribunal, Nagpur for Nagpur and Amravati Universities allowing respondent No. 1's Appeal No. A-5/96, setting aside demotion of respondent No. 1 from the post of Principal of a College to the post of an Assistant Professor in the same College.

(2.) It is not in dispute that respondent No. 1 was appointed as Principal w.e.f 17/5/ 1985 in the College run by petitioner, after he was selected by a duly constituted selection committee, initially temporarily on a trial basis, then on probation and later on as Incharge Principal and again on probation. On 23/9/1987 he was given a three months notice of termination. He filed a writ petition bearing No. 2380 of 1987 in which stay was granted and College Tribunal at Aurangabad was directed to hear his appeal. By judgment dated 17/7/1989, College Tribunal held in favour of respondent No. 1. However, on the same day, President of the Society ordered stoppage of respondent No. l's salary and he was placed under suspension on 1/1/ 1990. On 6/6/1990 a charge-sheet was served. Enquiry was held and was completed on 2/7/1993. On 4/11/1995 a final show-cause notice was issued and respondent No. 1 was reduced in rank by order dated 12/3/ 1996. Respondent No. 1 challenged the said order before the College Tribunal which set aside the same by the impugned judgment.

(3.) On 28/6/1999 while admitting the petition and granting stay, it was recorded that petitioner stated that respondent No. 1 could report for duties as Assistant Professor and would be paid salary as per rules. On 13/12/1999 the stay was made conditional upon petitioner's depositing 50% of the dues. On 2/10/2000 a sum of Rs. 2,03,033/- was deposited by cheque, which was ordered to be invested. By order dated 31/3/2001 respondent No. 1 was allowed to withdraw Rs. 1,25,000/- and balance was redeposited.