SANDESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who was appointed as Lecturer in Sanskrit in the Guru Nanak Ayurvedic Medical College & Research Institute, Gopalpur, Ludhiana (for short, "the college"), in November 2000, has filed the present writ petition challenging his termination of services vide impugned order dated 3.3.2012 without any enquiry. At the time of issuance of notice of motion on 23.3.2012, operation of the impugned order was stayed.

(2.) Learned counsel for respondent No. 5 raised a preliminary objection stating that the College is unaided private self financed institution. The services of the petitioner are governed by the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974, hence, the jurisdiction pertaining to the service matters of respondent No. 5 college lies with the Educational Tribunal. In support of his plea, reliance was placed upon the observations made by Hon'ble the Supreme Court in T.M.A. Pai Foundation and others v. State of Karnataka and others, 2002 9 JT 1, where it was required that for redressal of the grievances of the teachers, Educational Tribunal be set up. Amendment was made in the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (for short, "the Act") providing for constitution of Tribunal in the State of Punjab. The petitioner, if so, advise, has to avail of his remedy before the Tribunal.

(3.) On the other hand, learned counsel for the petitioner submitted that in terms of the provisions of the Act, dismissal or removal or reduction in rank of an employee cannot be ordered except after enquiry for which there is a procedure provided, in Section 4 thereof. For imposition of penalty of dismissal or removal, approval of the Director is mandatory. It is only the order of the Director which is appealable before the Tribunal. As in the present case no approval of the Director has been sought, the order passed by the College Authorities itself is not appealable before the Tribunal.