Case Note & Summary
The case involves a writ petition filed by Smt. Mohinibai Badriprasad Agrawal Shikshan Prasarak Mandal and the Incharge Head Master of Mahatma Jyotiba Fule Secondary School against Shri Gokul s/o Pitambar Patil and the Education Officer (Secondary), Zilla Parishad, Nandurbar. The dispute arose from an alleged oral termination of the employee on 21/06/2010. The petitioners sought to conduct a disciplinary enquiry against the respondent employee. The court, after hearing the parties on multiple dates, indicated that the management's right to conduct an enquiry would be sustained subject to placing the employee under suspension from the date of alleged oral termination and paying subsistence allowance as per rules, relying on the Supreme Court's observations in Vidya Vikas Mandal & Anr vs The Education Officer & Another. The respondent employee, through his advocate, expressed willingness to waive all back wages on condition of continuity of service and that no disciplinary proceedings be initiated on old charges. The petitioners' advocate sought instructions from the management's President and Secretary and was to make a statement on 18/08/2016. The court adjourned the matter to that date, clarifying that no further submissions would be entertained. The judgment was delivered on 18th August 2016 by Justice Ravindra V. Ghuge.
Headnote
A) Service Law - Disciplinary Enquiry - Right of Management - The management's right to conduct an enquiry against an employee is sustained subject to placing the employee under suspension from the date of alleged oral termination and paying subsistence allowance as per rules, following the observations in Vidya Vikas Mandal & Anr vs The Education Officer & Another, 2007(3) Mh.L.J. 801 = 2007(11) SCC 352 (Paras 2-3). B) Service Law - Back Wages - Waiver - The employee offered to waive all back wages on condition of continuity of service and no disciplinary proceedings on old charges, which the court considered (Para 3).
Issue of Consideration
Whether the management's right to conduct an enquiry against an employee can be sustained without placing the employee under suspension and paying subsistence allowance, and whether the employee's offer to waive back wages for continuity of service is acceptable.
Final Decision
The court sustained the management's right to conduct an enquiry subject to placing the employee under suspension from 21/06/2010 and paying subsistence allowance as per rules. The matter was adjourned to 18/08/2016 for the petitioners to make a statement on the employee's offer to waive back wages.
Law Points
- Right of management to conduct disciplinary enquiry
- Suspension pending enquiry
- Payment of subsistence allowance
- Waiver of back wages for continuity of service
