A MUTHURAMALINGAM Vs. ENGINEERING COLLEGE PONDICHERRY SOCIETY

JUDGEMENT

(1.) THIS Writ Petition is directed against the order dated 28.03.2008 on the file of the first Respondent whereby, the appeal preferred by the petitioner challenging the order dated 01.10.2007 imposing minor penalty was rejected on the ground that direction issued by the first Respondent for return of the equipment as a condition precedent for consideration of the appeal was not complied with by the petitioner.

(2.) ORIGINALLY, challenge in the Writ Petition was in respect of the order dated 26.12.2007 directing the petitioner to surrender all the equipments which were in his custody for the purpose of taking up his appeal on merits. During the pendency of the Writ Petition, the very appeal was dismissed as per order dated 28.03.2008 for non-compliance of the earlier direction and as such, the petitioner has amended the prayer to incorporate an additional prayer to quash the final order dated 28.03.2008.

(3.) IN the counter affidavit by the second Respondent, it was his contention that the project was completed in the year 2005 itself and as such, the petitioner was bound to return the equipments to the institution as the entire equipments belonged to the college. Since the petitioner failed to return the equipment in spite of series of notices issued to him, the college was left with no other alternative than to initiate disciplinary proceedings and after conducting the enquiry in the matter with due opportunity to the petitioner, the Enquiry Officer submitted his report and on the basis of the said report, minor punishment was imposed on the petitioner, withholding one increment for a period of one year without cumulative effect. The said order was challenged by the petitioner before the Governing Body and the Governing Body at its meeting held on 30.10.2008 carefully considered the representation of the petitioner dated 30.01.2008 with reference to the earlier appeal dated 30.10.2007 and took note with deep concern on the non return of equipments by the petitioner in spite of the direction given by the governing body as per order dated 26.12.2007 and accordingly, the punishment imposed by the Disciplinary Authority was confirmed and the appeal was rejected.Contention of the petitioner :-