Case Note & Summary
The petitioners, Senapati Prataprao Gujar Education Society and Raja Shivchhatrapati Arts and Commerce College, challenged the order dated 30/6/2016 passed by the Presiding Officer of the College Tribunal. The Tribunal had allowed the appeal of respondent No. 1, Keshav Pandharinath Deshmukh, who was appointed as Assistant Professor in Economics on 31/1/2013 and joined on 1/2/2013. His appointment was approved by Shivaji University on 28/4/2013. By an administrative order dated 15/12/2013, his services were terminated on grounds of frequent absence and unsatisfactory performance. Respondent No. 1 appealed under Section 59 of the Maharashtra University Acts, 1994, before the University and College Tribunal, Pune, registered as Appeal No. 1 of 2014. The Tribunal allowed the appeal and directed reinstatement with continuity of service and back wages. The petitioners filed the present writ petition challenging the order. The High Court noted that the termination was without any inquiry and the Tribunal's order was based on evidence. The Court found no perversity or illegality in the Tribunal's order and dismissed the petition, upholding the reinstatement and back wages.
Headnote
A) Service Law - Termination of Teacher - Illegal Termination - Section 59 of Maharashtra University Acts, 1994 - The petitioner terminated the respondent No. 1 without holding any inquiry, which was held to be illegal. The College Tribunal ordered reinstatement with continuity of service and back wages. The High Court upheld the order, finding no perversity or illegality. (Paras 3-8) B) Service Law - Reinstatement - Back Wages - Section 59 of Maharashtra University Acts, 1994 - The Tribunal's order of reinstatement with continuity of service and back wages was upheld as the termination was without inquiry. The High Court found no reason to interfere with the Tribunal's order. (Paras 7-8)
Issue of Consideration
Whether the termination of the respondent No. 1 without holding any inquiry was legal and whether the College Tribunal's order of reinstatement with continuity of service and back wages was justified.
Final Decision
The High Court dismissed the writ petition, upholding the order of the College Tribunal dated 30/6/2016. The Tribunal's order of reinstatement with continuity of service and back wages was confirmed.
Law Points
- Termination of a teacher without holding an inquiry is illegal
- Reinstatement with continuity of service and back wages is proper remedy
- College Tribunal has jurisdiction under Section 59 of Maharashtra University Acts
- 1994
