Bhavans New Science College v. The Commissioner, Commissioner Of Collegiate Education,

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.39441 of 2014, 3909 & 9721 of 2016 COMMON ORDER:

1. These three writ petitions are being disposed of by this common order in view of the identity of subject matter and also the consensus expressed by the learned Counsel for the petitioner college, learned Government Pleader appearing for the 1st respondent and the learned Counsel for the 2nd respondent.

2. The 2nd respondent (Dr.G.Arjun) was working in the petitioner college as a Reader in Political Science. It appears that the 2nd respondent committed various acts of omissions and commissions and that a charge memo was issued on 25.11.2014 framing 13 charges against him. The petitioner college also placed the 2nd respondent under suspension by order dated 25.11.2014. Challenging the same, the 2nd respondent preferred an appeal to the 1st respondent. When the 1st respondent passed an order on 19.12.2014 setting aside the order of suspension, the petitioner college filed W.P.No.39441 of 2014 challenging the said order. The 2nd respondent filed W.P.No.3909 of 2016 challenging the action of the petitioner (management) in not submitting his full salary bills to the 1st respondent despite setting aside the order of suspension on 25.11.2014. The 2nd respondent filed yet another W.P.No.9721 of 2016 when the petitioner (management) issued a show cause notice on 08.03.2016 communicating fresh charge sheet containing four charges.

3. Learned Counsel for the petitioner (Management) submits that the college management issued the show cause notice dated 08.03.2016 in supercession of the charges contained in the order of suspension dated 25.11.2014. He further submits that the full salary bills of the 2nd respondent are being submitted to the 1st respondent.

4.

In view of the above, the learned Counsel for the petitioner (Management), learned Government Pleader appearing for the 1st respondent and the learned Counsel for the 2nd respondent consented for passing the following order:

The petitioner (Management) is given liberty to continue the enquiry against the 2nd respondent pursuant to the show cause notice dated 08.03.2016 and complete the same within a period of Six months from the date of receipt of a copy of this order and the 2nd respondent undertakes to cooperate with the said enquiry. The petitioner (Management) also undertakes to submit the full salary bills of the 2nd respondent to the 1st respondent till the conclusion of the enquiry and further orders passed pursuant to the enquiry. In view of the consensus arrived at by the parties, the appeal preferred by the 2nd respondent before the 1st respondent has become infructuous and the 2nd respondent does not pursue the same.

5. These three Writ Petitions are accordingly disposed of in terms of the above consensus. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J 20-06-2016 Gsn