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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

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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

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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