DR. NTR UNIVERSITY OF HEALTH SCIENCES Vs. L. PRAKASAM REDDY

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 14143 of 2015, Judgment Date: Dec 08, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                        CIVIL APPEAL NO.14143 OF 2015
         (Arising out of Special Leave Petition (C) No(s).758/2014)



DR. NTR UNIVERSITY OF HEALTH SCIENCES                           APPELLANT(S)

                                VERSUS

L. PRAKASAM REDDY                                              RESPONDENT(S)


                               J U D G M E N T

KURIAN ,J.

      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 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 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.


                                                     ......................J.
                                                             [KURIAN JOSEPH]


                                                     ......................J.
                                                               [ARUN MISHRA]
NEW DELHI;
DECEMBER 08, 2015