Daya Chaudhary, J. - (1.) The prayer in the present petition is for issuance of a writ in the nature of certiorari for quashing the impugned judgment dated 30.09.2011 (Annexure P-5) passed by the Educational Tribunal, Punjab, Chandigarh (here-in-after called as 'The Tribunal') and also for issuance of a direction to the respondents to take the petitioner back in service with effect from the date of notice of termination i.e 25.01.2011 along with all consequential benefits arising thereto.
(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was appointed as Lecturer in Communication Skill on regular basis in the month of August 2009 on the basis of recommendations of duly constituted Selection Committee. During the service period, the salary was credited in his bank account and of other similarly situated employees, however, the Accountant of respondentInstitute used to deduct Rs.6,000/- from their salary and got the withdrawal form signed by each teacher/employee by withdrawing the said amount. Meaning thereby, Rs.6,000/- less salary was paid to the teachers/lecturers and the same was brought to the notice of the higher authorities also, whereafter, an inquiry was conducted and the allegations were found to be correct. Thereafter, an explanation was sought from respondent No.1 for the abovesaid withdrawal of Rs.6000/- from the salary of the teachers. The respondent-Institute nursed a grudge because of this complaint and a notice of termination was issued to the petitioner on 25.01.2011 stating therein that as he was habitual to come late, slipped and remained absent without informing his senior officers, so his services were no more required after 25.01.2011. Said notice of termination dated 25.01.2011 issued by the Principal of the Institute was challenged before the Educational Tribunal in Petition No.17 of 2011 and the same was dismissed vide its order dated 30.09.2011.
(3.) Learned senior counsel for the petitioner submits that the respondent authority had already made up its mind to terminate the services of the petitioner by issuing notice of termination, whereas, neither any opportunity of hearing was given nor any inquiry was conducted, which is the requirement of provisions of Sections 3 and 4 of the Punjab Affiliated Colleges (Security of Service of employees) Act, 1974 (here-in-after referred to as 'the Act, 1974). The reply of Show Cause Notice was submitted but the same was not taken into consideration. Learned counsel also submits that the penalty of dismissal or removal from service can be passed after approval of the Director Public Instructions but no such approval was obtained and the mandatory requirement of conducting regular enquiry was also not fulfilled. The impugned order of dismissal has been passed with mala fide intention. Learned counsel for the petitioner also submits that the Tribunal has passed the impugned order without taking into consideration the provisions of the Act, 1974 and without affording any opportunity of hearing to the petitioner. As per terms and conditions of the appointment letter, the petitioner was not a temporary employee but the observations made by learned Tribunal are contrary to the record. The impugned judgment of Tribunal is based on misreading of Sections 3, 4, 5 and 6 of the Act, 1974.;