NIKAM TANAJI MAHADEV Vs. RAYAT SHIKSHAN SANSTHA

JUDGEMENT

(1.) THIS petition is filed by one Tanaji Mahadev Nikam who was terminated from his service as clerk by respondent No. 1 as per Exhibit G dated 28-4-1988 which is signed and sent by Secretary of respondent No. 1. It is stated in the said termination order Exhibit G that the petitioner was working as a Junior Clerk and was found involved in financial irregularities, and therefore, an inquiry was held against him and since he was found guilty, the Executive Committee of respondent No. 1 had decided in its meeting dated 23-4-1988 to terminate his service under Rule 43 (B) (5) of the Standard Code, 1984. Accordingly the service of the petitioner were terminated from 1-5-1988, and he should have to hand over his charge on 30-4-1988.

(2.) THE petitioner challenged this termination order before the Presiding Officer, College Tribunal, Shivaji/pune University, Pune vide Appeal No. 27 of 1988. It appears from the record Exhibit K, which is an order of the College Tribunal, that one employee by name Ramchandra S. Potakar of respondent No. 1 had filed similar appeal before the College Tribunal and both the appeals were decided to hear jointly.

(3.) WHILE the appeals were pending respondent No. 1 raised preliminary objection regarding jurisdiction of the College Tribunal to entertain and decide the appeal. This objection of the respondent was up held and the College Tribunal dismissed both appeals for want of jurisdiction by its order dated 2-9-1988. Hence this appeal.