Case Note & Summary
The writ petition was filed by members of the Managing Committee of Subhedar Ramji Ambedkar Education Society, Wardha, challenging an order dated 17-1-2005 passed under Section 63 of the Maharashtra Universities Act, 1994, directing each petitioner to pay a fine of Rs.1000 for non-compliance with directions of the University and College Tribunal, Nagpur. The respondent, a lecturer in the college run by the society, was orally terminated on 17-4-2003 and filed an appeal under Section 59 of the Act. During the appeal, the parties reached a mutual understanding for reinstatement with continuity, recorded in a pursis signed by both sides. On 28-11-2003, the appeal was allowed in terms of the pursis, and the respondent was reinstated. However, the respondent alleged that she was not allowed to sign attendance registers in December 2003 and January 2004, and was marked late on some occasions. She filed an application under Section 63 of the Act, seeking compliance. The University issued a show-cause notice to the petitioners, and after hearing them, imposed a fine of Rs.1000 each. The petitioners argued that the respondent was given all facilities and that the fine was excessive. The court found that the petitioners failed to comply with the Tribunal's directions, as the respondent was not permitted to sign attendance registers. The court held that the penalty under Section 63 was justified and the quantum of fine was not excessive. The writ petition was dismissed.
Headnote
A) University Law - Penalty for Non-Compliance - Section 63 of Maharashtra Universities Act, 1994 - The petitioners, members of the Managing Committee, were directed to pay fine of Rs.1000 each for failure to comply with the Tribunal's order of reinstatement - The respondent was orally terminated and reinstated by consent, but was not allowed to sign attendance registers - The court upheld the penalty, holding that the petitioners failed to comply with the Tribunal's directions (Paras 1-5).
Issue of Consideration
Whether the order imposing penalty under Section 63 of the Maharashtra Universities Act, 1994 on the petitioners for failure to comply with the directions of the University and College Tribunal is sustainable.
Final Decision
The writ petition is dismissed. The order dated 17-1-2005 imposing fine of Rs.1000 each on the petitioners is upheld.
Law Points
- Section 63 of Maharashtra Universities Act
- 1994
- penalty for non-compliance
- reinstatement order
- oral termination
- appeal under Section 59
- pursis
- attendance register
- fine of Rs.1000 each
Case Details
2015 LawText (BOM) (02) 131
WRIT PETITION NO.1895 OF 2005
Smt. A. A. Joshi for petitioners, Shri S. P. Pawar for respondent
Shri Dinesh B. Sawai and others
Miss Jyoti Krushna Panbude (now Smt. Jyoti Vivekanand Zodape)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging penalty order under Section 63 of Maharashtra Universities Act, 1994 for non-compliance with Tribunal directions.
Remedy Sought
Petitioners sought quashing of order dated 17-1-2005 imposing fine of Rs.1000 each.
Filing Reason
Petitioners were fined for failure to comply with Tribunal's order of reinstatement and allowing respondent to sign attendance registers.
Previous Decisions
The appeal under Section 59 was allowed on 28-11-2003 by consent, directing reinstatement with continuity.
Issues
Whether the penalty under Section 63 of the Maharashtra Universities Act, 1994 was validly imposed.
Whether the quantum of fine of Rs.1000 each was excessive.
Submissions/Arguments
Petitioners argued that the respondent was given all facilities and the fine was excessive.
Respondent contended that she was not allowed to sign attendance registers despite reinstatement.
Ratio Decidendi
Section 63 of the Maharashtra Universities Act, 1994 empowers the University to impose penalty for non-compliance with directions of the University or College Tribunal. The petitioners failed to comply with the Tribunal's order of reinstatement by not allowing the respondent to sign attendance registers, justifying the penalty.
Judgment Excerpts
This writ petition at the instance of members of the Managing Committee of Subhedar Ramji Ambedkar Education Society, Wardha challenges the order dated 17-1-2005 passed under provisions of Section 63 of the Maharashtra Universities Act, 1994 whereby each of the petitioners has been directed to pay fine of Rs.1000/ each as penalty for failure to comply with the directions issued by the University and College Tribunal, Nagpur.
After being so reinstated, it was the case of the respondent that she was not allowed to sign the attendance registers in the month of December 2003 and also in January, 2004.
Procedural History
The respondent filed an appeal under Section 59 of the Maharashtra Universities Act, 1994 against oral termination. The appeal was allowed by consent on 28-11-2003 with reinstatement. The respondent then filed an application under Section 63 for non-compliance. The University issued show-cause notice and after hearing, imposed fine of Rs.1000 each on the petitioners on 17-1-2005. The petitioners filed this writ petition on 18-10-2005.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 63, Section 59
