Case Note & Summary
The petitioners, a cooperative society and its affiliated colleges, challenged the judgment of the University Tribunal dated 6.11.1997, which allowed the appeal of respondent No.1 (Dr. Fakira Chintaman Mahajan) and set aside his oral termination dated 10.10.1995. The Tribunal also granted him arrears of salary and allowances from the date of termination. The respondent was a confirmed lecturer in the petitioner college from 1984 to 1992. He then joined another college as Principal on probation from 1.8.1992 but was disengaged on 4.3.1993. He reported back to the petitioner and was allowed to resume duties from 5.10.1993. However, on 10.10.1995, he was orally terminated without any inquiry or order from the competent authority. The University Tribunal found the termination illegal and ordered reinstatement with back wages. The High Court upheld the Tribunal's order, noting that the termination was not by a competent authority and no inquiry was conducted. The court dismissed the petition, confirming the Tribunal's order for reinstatement with back wages and continuity of service.
Headnote
A) Service Law - Termination - Oral Termination - Illegal Termination - Confirmed Lecturer - The management orally terminated a confirmed lecturer without any inquiry or order from the competent authority. The University Tribunal set aside the termination and granted reinstatement with back wages. The High Court upheld the Tribunal's order, holding that the termination was illegal and void ab initio. (Paras 1-10) B) University Law - Jurisdiction - University Tribunal - Appeal against termination - The University Tribunal has jurisdiction to entertain an appeal against termination of a teacher under the Maharashtra Universities Act. The Tribunal's order setting aside the oral termination was within its powers. (Paras 1-10) C) Service Law - Reinstatement - Back Wages - Confirmed Lecturer - Upon setting aside illegal termination, the employee is entitled to reinstatement with full back wages and continuity of service. The Tribunal's order granting arrears of salary and allowances from the date of termination was upheld. (Paras 1-10)
Issue of Consideration
Whether the oral termination of a confirmed lecturer without any inquiry and without an order from the competent authority is legal and valid.
Final Decision
The High Court dismissed the writ petition and confirmed the order of the University Tribunal dated 6.11.1997, which set aside the oral termination of respondent No.1 and granted him arrears of salary and allowances from 10.10.1995.
Law Points
- Termination of a confirmed employee without inquiry is illegal
- Oral termination is not a valid termination
- University Tribunal has jurisdiction to entertain appeal against termination
- Reinstatement with back wages is proper remedy for illegal termination
