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Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-Teaching employees) Rules, 1984 (hereinafter referred to as Standard Code). The employee then filed appeal registered as A/11-93 under Section 45 read with Section 47(2) of the Amravati Universities Act, 1983, and said appeal came to be dismissed on 15.6.1995 as mentioned above.

3. I have heard Shri Saboo, learned counsel for the petitioner, Shri Kaptan, learned counsel for respondents No. 1 & 2 and Shri Parihar, learned AGP for respondent No. 7.

4. By pointing out facts mentioned above, Shri Saboo, learned counsel, has contended that Incharge Principal is not competent authority and therefore could not have issued either the charge sheet or even could not have appointed Enquiry Officer. According to him, such powers are vested only with Regular Principal and those powers are required to be exercised by Principal in consultation with Disciplinary Authority. He contends that thus initiation of departmental enquiry is itself bad and its conduct by the Enquiry Officer and advocate appointed by Incharge Principal is also bad. He states that due to bias gathered by the present petitioner, on account of some events, as disclosed in various applications, he moved several applications for change of Enquiry Officer but then no cognizance thereof was taken. He urges that in other matters, the very same management has taken a plea that legal Managing Committee was not functioning and therefore, there was no valid appointments and in the circumstances present appointment of Enquiry Officer or issuance of charge sheet was also not valid. He has invited attention to various provisions of Standard Code, in order to show lack of authority in such Incharge Principal. He has further stated that considering the fact that his service was at stake, the petitioner also moved several applications seeking permission to engage Advocate.

He further states that the charge was for supplying a chit (copying material) to one student Shri Atul Bang, & said student was not examined at all in departmental enquiry and therefore, the charge cannot be treated to be proved. To point out the effect of withholding such an important witness, Shri Saboo, learned counsel places reliance upon the judgment of Hardwari Lal vs. State of U.P., reported at 2000 (84) FLR 3. He invites attention to provisions of Section 24 of the Standard Code to show that payment of subsistence allowance is mandatory and points out that the College Tribunal has totally lost sight of this fact and also of the fact that it issued some directions on 8.10.1992 while disposing of earlier appeal. He states that the order of College Tribunal suffers from non application of mind and non payment of subsistence allowance has vitiated the enquiry. He further invites attention to Enquiry Report particularly page 23 thereof and points out from para 13 that the petitioner on number of occasions asked for copies of University orders and also requested Enquiry Officer to direct management to pay subsistence allowance but then that request was rejected by erroneously stating that documents were not relevant. As documents were not supplied, the petitioner could not conduct cross examination effectively. Lastly, he argues that the entire service record of the petitioner is clean and unblemished except for present misconduct. He urges that misconduct has also not been proved conclusively & in such circumstances inflicting punishment of civil death upon the petitioner is totally arbitrary and a disproportionate punishment. Upon instructions, he states that the petitioner is ready to forgo back wages or some part of his wages if he is to be reinstated.

Reading of rule of this Standard Code does not show that Incharge Principal was not the Disciplinary Authority. It has not been shown to this Court that there was any other Disciplinary authority in the field. The provisions of Standard Code i.e. the Maharashtra Non- Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-