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2022 Supreme(Bom) 1611

SANDEEP V. MARNE
Nirmal Krida and Samaj Prabodhan Trust – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.D. Sapkal, Amol N. Kakade.
For the Respondents: K.B. Jadhavar, V.D. Salunke, A.S. Kakade.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule is made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

2. By this petition petitioners assail judgment and order dated 20.09.2021 passed by the Presiding Officer, University and College Tribunal, Aurangabad in Appeal No. BAMU-02 of 2020. By that order, the Tribunal has allowed the appeal filed by respondent no. 2 and has set aside the order dated 29.11.2019 imposing penalty of dismissal from service. The respondent no. 2 is directed to be reinstated alongwith back wages from the date of suspension till the date of reinstatement alongwith continuity in service.

3. Petitioner no. 1 is a Trust which runs and operates Nirmal Krida and Samaj Prabodhan Trust’s Arts, Science and Commerce College. Petitioner no. 2 is the Principal of the College. The respondent no. 2 has been in employment of Petitioners since 09.07.2009 as Associate Professor.

4. Respondent no. 2 was placed under suspension by order dated 09.01.2018. Memorandum of charge-sheet dated 29.06.2018 was served upon him alleging seven charges. The charges essentially emanated out of alleged conduct of respondent no. 2 in

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