WP/2555/1998 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2555 OF 1998 Annasaheb Sadashiv Magar .. Petitioner V/s. The Principal, Dr. Ghali College, Kolhapur & Ors. .. Respondents Mrs. Jyoti Pawar for the Petitioner. Ms. Madhavi Tavanandi for Respondent Nos.1 and 2. Mr. A.P. Vanarse, AGP, for Respondent No.4. CORAM : SMT. NISHITA MHATRE, J. DATED : 13 TH AUGUST, 2010. JUDGMENT: 1. The Petitioner was appointed as a “Part Time Lecturer” in the Respondent-College. His services were terminated because several complaints were received by the Respondents from the non-teaching staff in respect of the Petitioner’s behaviour. Since the Respondents did not find the reply of the Petitioner to be satisfactory, an enquiry was held against the Petitioner. The services of the Petitioner were terminated with effect from 20th WP/2555/1998 : 2 : June, 1997. The Petitioner preferred an Appeal, being Appeal No.28 of 1997, before the University & College Tribunal, Pune. The said Appeal was dismissed and hence the present Writ Petition. 2. Arguments were heard for some time in this matter. Several Resolutions, which the Petitioner seeks to rely on, were not produced before the University & College Tribunal. These include the Resolutions of 22nd December, 1995 and 18th October, 2001 which, according to the Petitioner, have retrospective effect. Similarly, a Resolution of 7th June, 1980 which could possibly have helped the Petitioner in his Appeal was not placed on record. Apart from that, several regulations of the University Grants Commission, which are produced by the Respondents, have not been considered by the University & College Tribunal, Pune. 3. In these circumstances, in my opinion, it would be appropriate to remand the Appeal No.28 of 1997 for a fresh hearing. However, this does not reflect WP/2555/1998 : 3 : on the merits of the case of either party. Accordingly, the following order is passed: “O R D E R” (i). The impugned Judgment and Order dated 6th February, 1998, passed by the University & College Tribunal, Pune / Shivaji University, Pune, in Appeal No.28 of 1997, is set aside. (ii). The Appeal No.28 of 1997 is remanded to the University & College Tribunal, Pune / Shivaji University, Pune for a fresh hearing. (iii). The parties are at liberty to place on record such additional documents including Resolutions, Statutes etc., they may wish to rely on, to establish their respective cases. WP/2555/1998 : 4 : (iv). The University & College Tribunal, Pune / Shivaji University, Pune will consider all the material on record and decide the Appeal No.28 of 1997 afresh, uninfluenced by the earlier order passed by the University & College Tribunal, Pune/Shivaji University, Pune. (v). The parties shall appear before the University & College Tribunal, Pune/Shivaji University, Pune on 13th September, 2010 at 11:00 A.M. (vi). The University & College Tribunal, Pune/Shivaji University, Pune will endeavour to complete the trial within a period of six months thereafter. (vii). All contentions of the parties are left open. WP/2555/1998 : 5 : (viii).Parties to act on the authenticated copy of this order. 4. The Writ Petition is disposed of with the aforesaid directions. 5. Rule made absolute accordingly.