Case Note & Summary
The petitioners, a trust and its college principal, challenged an order of the University and College Tribunal which set aside the dismissal of respondent no.2, an associate professor, and ordered his reinstatement with back wages. The respondent was suspended in January 2018 and served a charge-sheet alleging seven charges related to signing a nomination form as Principal for a candidate in a university election. After an inquiry, the petitioners dismissed him in November 2019. The Tribunal allowed the respondent's appeal, finding the penalty disproportionate. The High Court upheld the Tribunal's order, holding that the punishment was shockingly disproportionate to the misconduct, and directed reinstatement with continuity and back wages.
Headnote
A) Service Law - Disciplinary Proceedings - Proportionality of Punishment - The court considered whether the penalty of dismissal from service was proportionate to the misconduct of signing a nomination form as Principal for a candidate in a university election. The Tribunal found the penalty disproportionate and ordered reinstatement with back wages. The High Court upheld the Tribunal's order, holding that the punishment was shockingly disproportionate to the gravity of the misconduct. (Paras 1-10)
B) Service Law - Reinstatement with Back Wages - The Tribunal directed reinstatement with full back wages from the date of suspension. The High Court affirmed this direction, noting that the employee was willing to work and the employer failed to provide employment. (Paras 2, 10)
Issue of Consideration
Whether the penalty of dismissal from service imposed on the respondent-employee was proportionate to the misconduct of signing a nomination form as Principal, and whether the University and College Tribunal correctly set aside the dismissal and ordered reinstatement with back wages.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order dated 20.09.2021. The Tribunal's direction for reinstatement of respondent no.2 with back wages from the date of suspension till reinstatement, along with continuity in service, was affirmed.
Law Points
- Disciplinary proceedings
- proportionality of punishment
- judicial review of penalty
- reinstatement with back wages
- service law
Case Details
2022 LawText (BOM) (11) 9
Writ Petition No.1964 of 2022
Mr. V. D. Sapkal, Senior Advocate i/by Mr. Amol N. Kakade for Petitioners; Mr. K. B. Jadhavar, AGP for Respondents-State; Mr. V. D. Salunke and Mr. A. S. Kakade for Respondent No.2
Nirmal Krida and Samaj Prabodhan Trust and Another
The State of Maharashtra and Others
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Nature of Litigation
Writ petition challenging the order of the University and College Tribunal which set aside the dismissal of an employee and ordered reinstatement with back wages.
Remedy Sought
Petitioners sought to quash the Tribunal's order dated 20.09.2021 allowing the appeal of respondent no.2 and directing reinstatement with back wages.
Filing Reason
Petitioners were aggrieved by the Tribunal's order setting aside the penalty of dismissal imposed on respondent no.2 for misconduct of signing a nomination form as Principal.
Previous Decisions
The Tribunal allowed the appeal of respondent no.2 and set aside the order of dismissal dated 29.11.2019, directing reinstatement with back wages and continuity of service.
Issues
Whether the penalty of dismissal from service was proportionate to the misconduct of signing a nomination form as Principal.
Whether the Tribunal correctly ordered reinstatement with back wages.
Submissions/Arguments
Petitioners argued that the misconduct was serious and warranted dismissal.
Respondent no.2 contended that the penalty was disproportionate and the Tribunal correctly set it aside.
Ratio Decidendi
The punishment of dismissal was shockingly disproportionate to the misconduct of signing a nomination form as Principal. The Tribunal was justified in setting aside the dismissal and ordering reinstatement with back wages.
Judgment Excerpts
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.
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.
Procedural History
Respondent no.2 was suspended on 09.01.2018, charge-sheeted on 29.06.2018, and dismissed on 29.11.2019. He appealed to the University and College Tribunal, which allowed the appeal on 20.09.2021. The petitioners filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Universities Act, 1994:
