1. These petitions are directed against judgment of the learned Presiding Officer, University and College Tribunal, Nagpur in Appeal No.TN3 of 1996, whereby the Tribunal allowed the appeal of respondent No.2, set aside respondent No.2’s removal from service, ordering his reinstatement in the post of Principal from the date of impugned order of removal dated 18.09.1992 with all consequential benefits.

2. The facts, which are material for deciding these petitions are as under:

The petitioner in Writ Petition No.3075 of 1996 is old governing body of Hislop Education Society, foundation society of Hislop College at Nagpur. The petitioner in Writ Petition No.2174 of 1996 is new government body. Respondent No.2 was selected and appointed as Principal of Hislop College on 01.10.1989 and was confirmed as such on 23rd October, 1990.

3. On 01.11.1987 elections of Hislop Education Society were held for the period from 01.11.1987 to 31.10.1990 at which Rt.Rev Vinod Peter was elected as Chairman and Dr. Bhelwa was elected as Secretary. On 2nd February, 1991 elections of Hislop Society was again held at which Rt. Rev. Vinod Peter was elected as Chairman and Dr. T.S. Wilkinson was elected as Secretary. The new body filed a change report bearing No.649 of 1991 before the Charity Commissioner which came to be ultimately rejected by order dated 13.11.1997 i.e. after the impugned order was passed by the University Tribunal. The Deputy Charity Commissioner directed that the names of the incoming managing committee be recorded as de facto managing committee. Appeal against order dated 13.11.1997 rejecting change report was dismissed on 09.12.2003 and it was ordered that the Deputy Charity Commissioner should decide and dispose of all other pending change reports. Again on 21.03.1994 elections of the society were held at which Rt. Rev. Vinod Peter was elected as Chairman and Dr. T.S. Wilkinson was elected as Secretary. Report about this change is yet to be decided.

4. Shri Vilas M. Gujar, respondent No.4 in both the petitions, claimed that on 09.03.1991 elections of the society were held at which he was elected as Secretary of the society. He filed a change report bearing No.602 of 1991 which was pending when the writ petitions were filed but has been subsequently rejected. Said Vilas Gujar filed Civil Suit No.1348 of 1991 for an injunction to restrain Dr. T.S. Wilkinson, Rt. Rev. Vinod Peter and Dr. Bhelwa from interfering in the management of Hislop College. On 24.06.1991 an exparte injunction was granted, which was vacated on appeal on 18.07.1991 by the learned Additional District Judge, Nagpur. Certain records were carried away by said Vilas Gujar when the injunction was in force, resulting in some police complaints being filed. The Police Authorities seized the record. Vilas Gujar and respondent No.2 Dr. Raja Singh, Principal filed Writ Petition No.1682 of 1991 against the State and Commissioner of Police. In the said petition on 04.07.1991 this Court directed the Deputy Charity Commissioner to break open the seals and take documents and cash in custody. The writ petition itself was disposed of on 25.07.1991.

5. The petitioner society found that respondent No.2 had committed certain irregularities while functioning as a principal of the college and therefore, it decided to initiate an inquiry against respondent No.2. On 09.07.1991 respondent No.2 was suspended from service. Dr. Ms. M.E. Singh came to be appointed as a Principal of Hislop College.

6. Record which had been sealed was handed over to the old body by an order dated 26.12.1991 passed by the Deputy Charity Commissioner. It was eventually handed over to Dr. Ms. M.E. Singh in terms of a resolution passed by the recorded trustees. Respondent No.2 Dr. Raja Singh filed Writ Petition No.579 of 1992 challenging order of the Deputy Charity Commissioner dated 26.12.1991 about handing over of the record. By judgment dated 2nd March, 1992 this Court dismissed the petition, ther