Case Note & Summary
The case involves two writ petitions filed by the Secretary and Principal of Pratibha Shikshan Prasarak Mandal (the management) against the order of the College Tribunal, Nagpur. The Tribunal had partly allowed the appeals of two employees (Ravindra Bhatkar and Mufiz Khan) under Section 59 of the Maharashtra Universities Act, 1994, directing the management to conduct a fresh enquiry from the stage of cross-examination as it stood on 31/05/2006. The employees were charged with misconduct and an enquiry was initiated. The enquiry was completed on 05/07/2006, and show cause notices were issued on 07/07/2006. The employees challenged the show cause notices by filing a complaint under the MRTU & PULP Act, but the Tribunal set aside the enquiry due to violation of natural justice, specifically the denial of the right to cross-examine witnesses. The High Court, in its judgment dated 16/06/2011, upheld the Tribunal's order, finding no infirmity. The court noted that the Tribunal had not quashed the enquiry but only directed a fresh enquiry from the stage of cross-examination, which was a proper exercise of its powers. The writ petitions were dismissed, and the management was directed to comply with the Tribunal's order.
Headnote
A) Service Law - Disciplinary Enquiry - Natural Justice - Right to Cross-Examination - Maharashtra Universities Act, 1994, Section 59 - The College Tribunal partly allowed the appeals of the employees and directed the management to conduct a fresh enquiry from the stage of cross-examination, as the employees were denied the opportunity to cross-examine the witnesses produced by the presenting officer. The High Court upheld the Tribunal's order, holding that denial of cross-examination amounts to violation of principles of natural justice. (Paras 2-6)
B) Service Law - Disciplinary Enquiry - Remand - Fresh Enquiry - Maharashtra Universities Act, 1994, Section 59 - The High Court dismissed the writ petitions filed by the management challenging the Tribunal's order, as the Tribunal had not quashed the enquiry but only directed a fresh enquiry from the stage of cross-examination, which was a proper exercise of its appellate powers. (Paras 5-6)
Issue of Consideration
Whether the College Tribunal was justified in setting aside the enquiry and directing a fresh enquiry from the stage of cross-examination on the ground of violation of natural justice.
Final Decision
The High Court dismissed both writ petitions, upholding the order of the College Tribunal dated 29/10/2010. The management was directed to comply with the Tribunal's order and conduct a fresh enquiry from the stage of cross-examination as it stood on 31/05/2006.
Law Points
- Natural justice
- right to cross-examination
- disciplinary enquiry
- remand for fresh enquiry
Case Details
2011 LawText (BOM) (06) 116
Writ Petition No.1426/2011 and Writ Petition No.1427/2011
Shri P. C. Madkholkar for petitioners, Smt. Anjali Joshi for respondent No.2
The Secretary, Pratibha Shikshan Prasarak Mandal and The Principal, Gulam Nabi Azad Arts and Commerce College
The Presiding Officer, University and College Tribunal, Nagpur and Ravindra S/o Jayotiram Bhatkar (in WP 1426/2011) and Mufiz Khan Mehboob Khan (in WP 1427/2011)
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging the order of the College Tribunal directing a fresh enquiry from the stage of cross-examination.
Remedy Sought
The petitioners (management) sought to quash the Tribunal's order dated 29/10/2010.
Filing Reason
The management was aggrieved by the Tribunal's direction to conduct a fresh enquiry from the stage of cross-examination.
Previous Decisions
The College Tribunal partly allowed the appeals of the employees and directed a fresh enquiry from the stage of cross-examination.
Issues
Whether the College Tribunal was justified in setting aside the enquiry and directing a fresh enquiry from the stage of cross-examination on the ground of violation of natural justice.
Submissions/Arguments
The petitioners (management) argued that the Tribunal's order was erroneous and that the enquiry was conducted properly.
The respondents (employees) supported the Tribunal's order, contending that they were denied the opportunity to cross-examine witnesses.
Ratio Decidendi
The denial of the right to cross-examine witnesses in a disciplinary enquiry amounts to a violation of the principles of natural justice. The Tribunal, in exercise of its appellate powers under Section 59 of the Maharashtra Universities Act, 1994, was justified in directing a fresh enquiry from the stage of cross-examination without quashing the entire enquiry.
Judgment Excerpts
The above petitions filed under Article 226 of The Constitution of India takes exception to the common order dated 29/10/2010 passed by the College Tribunal, Nagpur, by which order the Appeals filed by the respondent No.1 under Section 59 of The Maharashtra Universities Act, 1994 came to be partly allowed and the petitioner-management... was directed to conduct a fresh enquiry against the appellant i.e. the respondent No.2 in each of the above petitions from the stage as was prevailing on 31/05/2006 i.e. after the application to allow cross-examination of the witnesses produced by the presenting officer.
The Tribunal has not quashed the enquiry but has only directed a fresh enquiry from the stage of cross-examination. In my view, the Tribunal was justified in doing so as the said respondents were denied the opportunity to cross-examine the witnesses produced by the presenting officer.
Procedural History
The employees were chargesheeted and an enquiry was conducted. The enquiry was completed on 05/07/2006, and show cause notices were issued on 07/07/2006. The employees challenged the show cause notices by filing a complaint under Section 28 read with Item 1 of Schedule IV of the MRTU & PULP Act. The College Tribunal partly allowed the appeals on 29/10/2010, directing a fresh enquiry from the stage of cross-examination. The management filed writ petitions under Article 226 of the Constitution, which were dismissed by the High Court on 16/06/2011.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 59
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 28, Schedule IV Item 1
- Constitution of India: Article 226
