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2019 Supreme(SC) 836

L.NAGESWARA RAO, HEMANT GUPTA
Secretary Managing Committee BSMPG College Roorkee – Appellant
Versus
Samrat Sharma – Respondent


Advocates Appeared:
For the Petitioner(s):Ajay Veer Pundir, Anu Gupta, Gouri Karuna Das Mohanti, Advocates
For the Respondent(s):Rameshwar Prasad Goyal, Ashwani Kumar Dubey, Sanjay Mani Tripathi, Kamal Kanth Tripathi, Sanjay Kumar Dubey, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. The judgment of the High Court of Uttarakhand allowing the Writ Petition filed by Respondent No. 1-Dr. Samrat Sharma and setting aside the order of termination of the services of Respondent No. 1 is in challenge in this Appeal. The High Court directed the reinstatement of Respondent No. 1 with all consequential benefits.

2. The Appellant is a private aided college, affiliated to Hemwati Nandan Bahuguna Garhwal Central University, Srinagar, Pauri Garhwal (for short “the HNBG University”). Respondent No. 1 was an Assistant Professor (Hindi) in the Department of Hindi in the said College. Respondent No. 5-Dr. (Smt.) Kamlesh Sharma made a complaint to the Principal of the College on 04.09.2012 alleging misbehavior by Respondent No. 1 on 01.09.2012 during the meeting of the teaching staff of the College. An explanation was sought from Respondent No. 1 which was submitted on 12.10.2012. Not being satisfied with the explanation given by Respondent No. 1, the Managing Committee of the College decided to constitute a committee to enquire into the charges levelled by Respondent No. 5 in her letter dated 04.09.2012. Dr. I.D. Kansal and Mr. K.S. Sh














































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