Powers of Tribunal to give appropriate relief and directions.

§83

Summary

(1) On receipt of an appeal, where the Tribunal after giving reasonable opportunity of being heard to both parties, is satisfied that the appeal does not pertain to any of the matters specified in sub-section (1) of section 81 or is not maintainable, or there is no sufficient ground for interfering with the order of the university or management or decision of the Grievances Committee, it may dismiss the appeal. (2) Where the Tribunal, after giving reasonable opportunity to both the parties of being heard, decides in any appeal that the order of dismissal, removal, otherwise termination of service, compulsory retirement or reduction in rank, or the decision of the Grievances Committee, was in contravention of any law, contract or conditions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the university or the management, or decision of the Grievances Committee, as the case may be, partially or wholly, and direct the university or the management,- (a) to reinstate the employee on the same post or on a lower post as it may specify; (b) to restore the employee to the rank which he held before reduction or to any lower rank as it may specify; (c) to give arrears of emoluments, dues and other monetary benefits to the employee for such period as it may specify; (d) to award such lesser punishment at it may specify in lieu of dismissal, removal, otherwise termination of service, compulsory retirement or reduction in rank, as the case may be; (e) where it is decided not to reinstate the employee or in any other appropriate case, to give such sum to the employee, not exceeding his emoluments for six months, by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify; or (f) to give such other relief to the employee and to observe such other conditions as it may specify, having regard to the circumstances of the case. (3) It shall be lawful for the Tribunal to recommend to the State Government that any dues directed by it to be paid to the employee may be deducted from the grant payable to the university or, as the case may be, the management and be paid to the employee directly. (4) Any direction issued by the Tribunal under sub-section (2) shall be communicated to both parties in writing and shall be complied with by the university or management within the period specified in the direction, which shall not be less than two months from the date of its receipt by the university or management.

(1) On receipt of an appeal, where the Tribunal after giving reasonable opportunity of being heard to both parties, is satisfied that the appeal does not pertain to any of the matters specified in sub-section (1) of section 81 or is not maintainable, or there is no sufficient ground for interfering with the order of the university or management or decision of the Grievances Committee, it may dismiss the appeal. (2) Where the Tribunal, after giving reasonable opportunity to both the parties of being heard, decides in any appeal that the order of dismissal, removal, otherwise termination of service, compulsory retirement or reduction in rank, or the decision of the Grievances Committee, was in contravention of any law, contract or conditions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the university or the management, or decision of the Grievances Committee, as the case may be, partially or wholly, and direct the university or the management,- (a) to reinstate the employee on the same post or on a lower post as it may specify; (b) to restore the employee to the rank which he held before reduction or to any lower rank as it may specify; (c) to give arrears of emoluments, dues and other monetary benefits to the employee for such period as it may specify; (d) to award such lesser punishment at it may specify in lieu of dismissal, removal, otherwise termination of service, compulsory retirement or reduction in rank, as the case may be; (e) where it is decided not to reinstate the employee or in any other appropriate case, to give such sum to the employee, not exceeding his emoluments for six months, by way of compensation, regard being had to loss of employment and possibility of getting or not getting suitable employment thereafter, as it may specify; or (f) to give such other relief to the employee and to observe such other conditions as it may specify, having regard to the circumstances of the case. (3) It shall be lawful for the Tribunal to recommend to the State Government that any dues directed by it to be paid to the employee may be deducted from the grant payable to the university or, as the case may be, the management and be paid to the employee directly. (4) Any direction issued by the Tribunal under sub-section (2) shall be communicated to both parties in writing and shall be complied with by the university or management within the period specified in the direction, which shall not be less than two months from the date of its receipt by the university or management.

← Previous Section Next Section →

Explore this Chapter