Leave granted.
The appellant/University is aggrieved by the judgment dated
24.09.2013 in Writ Appeal No. 1016/2009. In the nature of the
order, we propose to pass in this case, we do not think it
necessary to go in detail to the factual matrix. The respondent
was proceeded against in departmental proceedings culminating in
his dismissal from service. The respondent was originally appointed JUDGMENT as Assistant Professor in the appellant/University on 02.03.1981
and thereafter he was selected and appointed as Deputy Registrar on
03.03.1993. While he was serving as such and in-charge of the
examination branch, he was suspended from service vide order dated
01.05.1995. The main charge was that he connived with the
Superintendent(Examinations) in tampering the marks list of one
student of MBBS who had actually failed in two subjects, and also
forged two letters to help the student to get him declared as
passed. The learned Single Judge in the writ petition challenging
the order of removal of the petitioner from service, having regard
to the observations and finding that the disciplinary proceedings
impugned before the High Court suffers from procedural
irregularities and also violation of principles of natural justice,
disposed of the writ petition with a direction to the
appellant/University to have a fresh look in the matter of
punishment and permitted the appellant/University to impose any
suitable punishment other than dismissal/removal from service. The
said judgment of the learned Single Judge dated 09.03.2007 in Writ
Petition No. 9166 of 1997 was carried further by the
appellant/University in writ appeal before the High Court leading
to the impugned judgment. The Division Bench concurred with the
learned Single Judge that there had been procedural irregularities
and violation of principles of natural justice in the departmental
proceedings and hence, declined to interfere with the judgment of
the learned Single Judge and thus, aggrieved, this appeal.
Having heard the learned counsel appearing for the
appellant/University and also the counsel for the respondent, we JUDGMENT are of the view that interest of justice would be served, in case
the judgment of the learned Single Judge dated 09.03.2007 is
implemented by substituting the punishment of dismissal/removal by
any other suitable punishment. The substituted punishment will take
effect from the original date of the punishment viz. 05.03.1997.
The monetary benefits, if any, flowing out of substituted
punishment shall be disbursed to the respondent including the
pensionery benefits, if any, within the period of 10 weeks from
today. The arrears, if any, shall carry interest @ 6% per annum
with effect from 05.03.1997.
The civil appeal is disposed of in the aforestated terms.