M.M. Kumar, J. - (1.) In this petition filed by Layallpur Khalsa College, Jalandhar, under Article 226 of the Constitution of India prayer is for quashing order dated 18.1.2005 (Annexure P7) passed by the Presiding Officer, State Colleges Tribunal, Punjab (for brevity "The Tribunal") allowing the appeal of the employee -respondent No. 2. The Tribunal, vide impugned order, has reinstated the employee -respondent No. 2 by setting aside the punishment of removal from service. It has also been directed that the employee -respondent No. 2 be treated on duty with effect from the date he was removed from service and he be paid full back wages.
(2.) Brief facts of the case may first be noticed. The employee Respondent No. 2 had joined the service of Layallpur Khalsa College, Jalandhar as Accounts Clerk on 13.3.1975. He was promoted as Accountant on 1.11.1977 and Accounts Officer with effect from 1.11.1981. He was charge sheeted on 30.5.1994 by the Management of Layallpur Khalsa College. It was alleged that he was willfully absent from duty and failed to maintain office record/accounts. He filed reply to the charge sheet on 11.6.1994. He was then placed under suspension on 27.6.1994 to which he replied. On 1.8.1994, the Enquiry Officer was appointed to enquire into the allegations who submitted his report on 20.12.1994. The employee -respondent No. 2 was held guilty of all the charges. His case was referred by the Management of the petitioner College to the Director, Public Instructions (Colleges), Punjab, for approval of his dismissal from service. On 4.10.1996, the Director declined to accord approval. Accordingly, the employee -respondent No. 2 was allowed to join duty on 16.10.1997 yet he was not paid his dues. The employee -respondent No. 2 filed C.W.P. No. 11251 of 1997 before this Court in which prayer was made for release of emoluments from 22.6.1994 to 15.10.1996. The writ petition was allowed and all the dues of the employee -respondent No. 2 were paid on 8.8.1997.
(3.) On 27.11.1996, the employee -respondent No. 2 had to proceed on leave on account of sickness. However, he was again charge sheeted on 30.4.1997 with similar charges which were mentioned in the earlier charge sheet dated 30.5.1994. He submitted his reply. Thereafter, the Enquiry Officer was appointed who found the employee -respondent No. 2 guilty of charges. The Management of the Layallpur Khalsa College again recommenced to the Director Public Instructions (Colleges), Punjab for his removal from service. The Director Public Instructions (Colleges), Punjab, approved the proposal of the Committee on 31.3.2003 resulting into termination of the services of employee -respondent No. 2. The order of the Director Public Instructions (Colleges), Punjab, was challenged in appeal and the Tribunal allowed the appeal and ordered reinstatement of the employee -respondent No. 2 with full back wages. The concluding para of the order of the Tribunal is as under: After having listened to the arguments put across by the Ld. Counsel for the appellant as well as for the respondent, it is abundantly clear that out of 15 times when the appellant applied for leave the same was sanctioned 11 times and only on 4 occasions the leave was not granted to him though he has cited sickness as the reason for leave. I find that the employee has been working for the last 25 years to the full satisfaction of the College Authorities and they have promoted him up to the rank of Accounts Officer as well. He was charge -sheeted even for the period when he was granted leave by the College Principal. As such it is miscarriage of justice for awarding him the punishment of removal from service. Accordingly the appeal is accepted and it is hereby ordered that Shri Kimti Lal Rana will be treated as on duty w.e.f. the date he was removed from the service and all back wages be paid to him within a period of three months.;