IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. L.P.A. No.460 of 1997 (O&M) Date of decision: 29.1.2010 The Managing Committee, M.N. College, Shahabad. -----Appellant Vs. S.K. Budhiraja & others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. R.K. Malik, Sr. Advocate with Mr. Vishal Malik, Advocate for the appellant. --- ORDER: 1. This appeal has been preferred against order of learned Single Judge, setting aside order of dismissal from service passed against the respondent/writ petitioner. 2. The writ petitioner was appointed as Principal of the appellant College in the year 1982. In 1985, he was served with a chargesheet alleging embezzlement of small amount of Rs.100 or so. This led to holding of an inquiry and passing of order of removal from service. The petitioner challenged the said order on the ground that there was violation of provisions of Haryana Affiliated Colleges (Security of Service) Rule, 1980. LPA No.460 of 1997 3. Learned Single Judge upheld the plea of the writ petitioner holding that there was violation of principles of natural justice inasmuch as some of the members of the Managing Committee who were witnesses, took final decision of passing the order of dismissal. Reference was made to judgment of the Hon’ble Supreme Court in Rattan Lal Sharma v. Managing Committee, Dr. Hari Ram (Co-Education) Higher Secondary School and others, 1993(4) SCC 10. 4. This appeal has come up for hearing after 13 years of the passing of the impugned order of learned Single Judge. Learned counsel for the appellant states that the writ petitioner retired from service even before the impugned order was passed by learned Single Judge and he has also been given terminal benefits. Only grievance of the appellant is that the writ petitioner has claimed wages for some period for which he did not work. 5. We make it clear that the respondent-writ petitioner will not be entitled to backwages for the period he did not work. In all other respects, we do not find any ground to interfere with the view taken by learned Single Judge. 6. This appeal is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE January 29, 2010 ( ALOK SINGH ) ashwani JUDGE 2