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SUPREME COURT OF INDIA

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PETITIONER:

P. KASILINGAM

Vs.

RESPONDENT:

P.S.G. COLLEGE OF TECHNOLOGY

DATE OF JUDGMENT08/01/1981

BENCH:

SEN, A.P. (J)

BENCH:

SEN, A.P. (J)

CHANDRACHUD, Y.V. ((CJ)

ISLAM, BAHARUL (J)

CITATION:

1981 AIR 789 1981 SCR (2) 490

1981 SCC (1) 405 1981 SCALE (1)38

ACT:

The Tamil Nadu Private Colleges (Regulation) Act, 1976,

sections 20, 22, 39 and 40, scope of-Competence of the

Government in dealing with an appeal under section 20 of the

Act to come to its own conclusion and even contrary to the

findings of the enquiry officer-Rules of natural justice as

enjoined by section 39 of the Act must be followed by the

Government while disposing of an appeal in a disciplinary

proceeding-While adjudicating upon the claim to payment of

back wages the employer is entitled as a matter of law to

adjustment of equities between the parties by an account

being taken of the salary earned by the discharged employee

elsewhere-Constitution of India, Article 226, writ of

certiorari, intention behind, issuance of.

HEADNOTE:

Allowing the appeal and remitting the matter to the

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