Case Note & Summary
The case involves a reference made by a Division Bench of the Bombay High Court at Nagpur regarding the interpretation of the proviso to Clause 53 of Statute 24 of the Rashtrasant Tukdoji Maharaj Nagpur University. The petitioners, Citizen Education Society and Ishwar Deshmukh College of Physical Education, had terminated the services of respondent No.1, Dhananjay Dhabe, on grounds of willful neglect of duty and misconduct. The question referred was whether the proviso, which requires prior approval of the University for termination of a permanent employee, applies when termination is for misconduct covered by Clauses (a) and (b) of Schedule A of Ordinance 6 of the College Code. The court analyzed the language of the proviso and the relevant clauses. It held that the proviso is intended to protect permanent employees from arbitrary termination simpliciter, but does not apply when termination is for specific misconduct enumerated in Clauses (a) and (b) of Schedule A. The court reasoned that the proviso must be read in the context of the main clause and the scheme of the statute. It concluded that the requirement of prior approval is not attracted in cases of termination for willful neglect of duty or misconduct under those clauses. The reference was answered accordingly, and the matter was directed to be placed before the appropriate bench for further proceedings.
Headnote
A) Service Law - Termination - Proviso to Clause 53 of Statute 24 - Applicability - The proviso requires prior approval of the University for termination of a permanent employee - However, the proviso is not attracted when termination is for willful neglect of duty or misconduct covered by Clauses (a) and (b) of Schedule A of Ordinance 6 of College Code - Held that the proviso applies only to termination simpliciter, not to termination for misconduct under the specified clauses (Paras 5-10).
Issue of Consideration
Whether the requirement of the proviso below Clause 53 of Statute 24 is attracted in a case where an employee is terminated on the ground of willful and persistent neglect of duty and/or misconduct covered by Clause (a) and (b) of Schedule A appended to Ordinance 6 of College Code?
Final Decision
The court answered the reference by holding that the proviso to Clause 53 of Statute 24 is not attracted in a case where an employee is terminated for willful neglect of duty or misconduct covered by Clauses (a) and (b) of Schedule A of Ordinance 6 of College Code. The matter was directed to be placed before the appropriate bench for further proceedings.
Law Points
- Proviso to Clause 53 of Statute 24 of Rashtrasant Tukdoji Maharaj Nagpur University applies only to termination simpliciter
- not to termination for willful neglect of duty or misconduct covered by Clauses (a) and (b) of Schedule A of Ordinance 6 of College Code
- Termination for misconduct under those clauses does not require prior approval under the proviso
