JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 22.09.2006 passed by the High Court of Punjab & Haryana at Chandigarh in C.W.P. No.13094 of 2006 whereby the Division Bench of the High Court dismissed the petition filed by the appellant herein and affirmed the Award dated 23.01.2006 passed by the Presiding Officer, Labour Court, Ambala in Ref.No.25 of 2003.

2. The controversy involved in the case is short as it would be clear from the narration of the relevant facts infra.

3. The appellant is the Kurukshetra University (hereinafter referred to as “the University”). The respondent was working as Security Guard in the University as daily rated employee.

4. On 18.08.1999, the respondent while on duty alleged to have misbehaved with one lady Research Scholar, who was working in the University. The appellant took note of the incident and held departmental enquiry by appointing Enquiry Officer to probe into the incident.

5. The Enquiry Officer, in his report dated 20.09.1999, found the respondent guilty for committing the misconduct. The appellant accordingly decided to discontinue the services of the respondent and treating him to be