1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9228 OF 2009 D.K.T.E’s Textile & Engineering Institute Ichalkaranji & Anr. )..Petitioners Vs Shri Vikas Bhimsing Dhere )..Respondent ---- Mr.S.S.Pakale i/by Kirankumar J. Phakade for the petitioners. Mr.Machindra Deshmukh for the respondent. ---- Coram : R.S.MOHITE,J Date : 10th December, 2009. PC 1 Heard both sides. In my view, matter can be disposed off finally. Hence, rule. By consent, rule made returnable forthwith. 2 This is a petition filed by the management impugning an order passed by the Presiding officer, Shivaji University and College Tribunal, Pune, passed in Appeal No.5 of 2008. The main contention is that the Tribunal erred in granting back wages when there was no material produced by the teacher to show that he was employed elsewhere. Now an additional affidavit has been filed on behalf of the petitioners indicating that the respondent teacher was employed with another employer with higher salary w.e.f 4.8.2008. In the circumstances, the order relating to payment of back wages is restricted for the period 1.7.2008 to 3.8.2008. As regards the grant of reinstatement, it was contended that 2 it was open to the management to terminate the probation prior to the period of 2 years. The self appraisal report was not required and it was not necessary to communicate the adverse remarks to the appellant. In this regard the reasoning given by the trial Court cannot be faulted in view of clause-202 of Statutes framed under Section 42 (1) of the Shivaji University Act 1974. The requirement of serving adverse remark is specifically required under the said Statute. In this view of the matter, rule is made partly absolute with the aforesaid terms. The order of reinstatement with continuity is confirmed but the back wages are limited for a period 1.7.2008 to 3.8.2008. Petition disposed off in the aforesaid terms. (R.S.MOHITE,J) 3