Case Note & Summary
The case involves two Letters Patent Appeals arising from a judgment of a Single Judge of the Bombay High Court in Writ Petition No. 2236 of 1999. The appellant in LPA No. 316 of 2009 is Kumar Keshaorao Kale, a retired Principal of the College of Engineering & Technology, Akola, who was demoted by his employer, Shri Shivaji Education Society, Amravati, on 12.3.1996. The employee challenged the demotion before the University and College Tribunal at Nagpur in Appeal No. A5 of 1996. The Tribunal, by its order dated 19.2.1999, quashed the demotion and directed restoration of the employee to the post of Principal with all benefits of salary and other dues from the date of demotion, payable within three months. The employer filed a writ petition challenging the Tribunal's order, which was dismissed by the Single Judge on 8.6.2009. The employee filed LPA No. 316 of 2009 seeking restoration of the Tribunal's judgment, while the employer filed LPA No. 441 of 2009 seeking dismissal of the employee's appeal before the Tribunal. The Division Bench, comprising Justices B.P. Dharmadhikari and Arun D. Upadhye, heard both appeals together. The court noted that the Single Judge had upheld the Tribunal's order. The Division Bench found no reason to interfere with the concurrent findings of the Tribunal and the Single Judge. The court held that the demotion was illegal and the employee was entitled to restoration with full back wages. Accordingly, LPA No. 316 of 2009 was allowed, and LPA No. 441 of 2009 was dismissed. The judgment was delivered on 4 September 2017.
Headnote
A) Service Law - Demotion - Validity - College Tribunal - The employee was demoted from the post of Principal to Assistant Professor without proper inquiry or opportunity of hearing. The Tribunal quashed the demotion and ordered restoration with full back wages. The Single Judge upheld the Tribunal's order. The Division Bench affirmed, holding that the demotion was illegal and the employee was entitled to restoration and all consequential benefits. (Paras 2-3) B) Service Law - Back Wages - Entitlement - The employee was denied salary from the date of demotion. The Tribunal and the Single Judge granted full back wages. The Division Bench upheld this, noting that the employee was willing to work but was prevented by the illegal order. (Para 2)
Issue of Consideration
Whether the demotion of the employee from the post of Principal was valid and whether the College Tribunal's order of restoration with back wages was correct.
Final Decision
LPA No. 316 of 2009 is allowed and LPA No. 441 of 2009 is dismissed. The judgment of the Single Judge and the order of the College Tribunal are upheld.
Law Points
- Service Law
- Demotion
- Natural Justice
- College Tribunal
- Restoration
- Back Wages
