Case Note & Summary
The petitioner, Suresh Renukadas Halhalli, was aggrieved by an order dated 13.10.2015 passed by the University Tribunal in Appeal No. SRTMU/05/2016. The Tribunal had concluded that the taking away of a temporary charge of an in-charge principal would amount to termination from service, making the appeal maintainable under Section 59 of the Maharashtra Universities Act, 1994. The parties had previously been before the High Court in Writ Petition No. 9369 of 2016, where the court framed two issues for the Tribunal to decide: (a) whether the appointment of a senior most eligible professor as an in-charge principal would amount to termination or reduction in rank of the earlier in-charge principal, and (b) whether the issue raised in the appeal would lie before the Grievance Redressal Committee or the University Tribunal under Section 59. The High Court, after hearing the parties, upheld the Tribunal's order, finding no error in its conclusion. The court dismissed the writ petition and disposed of the civil application.
Headnote
A) Service Law - Termination - In-charge Principal - Removal of temporary charge of an in-charge principal amounts to termination from service - The University Tribunal held that taking away of temporary charge of an in-charge principal would amount to termination from service and the appeal would be maintainable under Section 59 of the Maharashtra Universities Act, 1994 - The High Court upheld this view (Paras 4-6).
Issue of Consideration
Whether the removal of a temporary charge of an in-charge principal amounts to termination from service and whether an appeal lies before the University Tribunal under Section 59 of the Maharashtra Universities Act, 1994.
Final Decision
The High Court dismissed the writ petition, upholding the order of the University Tribunal dated 13.10.2015. The civil application was disposed of.
Law Points
- Removal of temporary charge of in-charge principal amounts to termination from service
- Appeal maintainable under Section 59 of Maharashtra Universities Act
- 1994
- University Tribunal has jurisdiction
Case Details
2016 LawText (BOM) (10) 16
Writ Petition No. 10612 of 2016 with Civil Application No. 14073 of 2016
Shri Thombre S.S. for Petitioner, Shri Sabnis A.N. h/f Shri Kodale V.G. for Respondent 1, Shri Aghav A.D. for Respondents 2 & 3, Shri Gunale V.D. for Respondent 4, Shri Choudhari S.S. for Respondent 5
Suresh Renukadas Halhalli
Bashwaraj Vishwanathappa Dharne, The Registrar, Swami Ramanand Teerth Marathwada University, The Director, Board of College and University Development, Swami Ramanand Teerth Marathwada University, Shri Manmathappa Pandappa Lokhande, Bhalchandra Gulshidappa Khichadi, Mahatma Basweshwar Shikshan Sanstha, Latur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of University Tribunal holding that removal of temporary charge of in-charge principal amounts to termination from service and appeal is maintainable under Section 59 of Maharashtra Universities Act, 1994.
Remedy Sought
Petitioner sought quashing of the Tribunal's order dated 13.10.2015.
Filing Reason
Petitioner was aggrieved by the Tribunal's conclusion that taking away of temporary charge of an in-charge principal amounts to termination from service.
Previous Decisions
Earlier, in Writ Petition No. 9369 of 2016, the High Court framed two issues for the Tribunal to decide: (a) whether appointment of senior most eligible professor as in-charge principal amounts to termination or reduction in rank of earlier in-charge principal, and (b) whether the issue lies before Grievance Redressal Committee or University Tribunal under Section 59.
Issues
Whether the removal of temporary charge of an in-charge principal amounts to termination from service?
Whether an appeal lies before the University Tribunal under Section 59 of the Maharashtra Universities Act, 1994?
Submissions/Arguments
Petitioner argued that the Tribunal erred in holding that removal of temporary charge amounts to termination.
Respondents supported the Tribunal's order.
Ratio Decidendi
The removal of temporary charge of an in-charge principal amounts to termination from service, and an appeal against such removal is maintainable before the University Tribunal under Section 59 of the Maharashtra Universities Act, 1994.
Judgment Excerpts
The petitioner is aggrieved by the order dated 13.10.2015, delivered by the University Tribunal in Appeal No. SRTMU/05/2016, thereby concluding that the taking away of a temporary charge of an 'In-charge Principal' would amount to termination from service and the appeal would be maintainable under Section 59 of the Maharashtra Universities Act, 1994.
Procedural History
The University Tribunal passed order dated 13.10.2015 in Appeal No. SRTMU/05/2016. The petitioner filed Writ Petition No. 10612 of 2016 challenging that order. Earlier, the High Court in Writ Petition No. 9369 of 2016 had framed issues for the Tribunal to decide. The present petition was heard and disposed of on 19.10.2016.
Acts & Sections
- Maharashtra Universities Act, 1994: 59
