Case Note & Summary
The petitioner, Ku. Ujwala Vijay Sukhdeve, was appointed as a Lecturer in Social Work at the College of Social Works and Arts, run by Lord Buddha's Sariputra Dnyan Prasarak Shikshan Sanstha. She had previously worked as a contributory Lecturer and cleared the SET in 2002. In 2005, she applied for the post of Lecturer pursuant to an advertisement. In her application, she did not disclose her prior employment and termination from a previous institution. After appointment, the management discovered the suppression and issued a show-cause notice. The petitioner replied, and after a personal hearing, she was dismissed from service. She appealed to the University and College Tribunal, which upheld the dismissal. The petitioner then filed a writ petition in the Bombay High Court. The court examined the facts and found that the petitioner had indeed suppressed material facts regarding her previous employment and termination. The court held that such suppression vitiates the appointment and justifies termination. The court also noted that the petitioner was given adequate opportunity to defend herself, and the Tribunal had correctly applied the law. The writ petition was dismissed, upholding the dismissal and the Tribunal's order.
Headnote
A) Service Law - Suppression of Material Facts - Termination - Maharashtra Universities Act, 1994, Section 83 - The petitioner, a Lecturer, was dismissed for not disclosing her prior employment and termination in the appointment application. The court held that non-disclosure of material facts regarding previous service and termination amounts to suppression, justifying termination. The Tribunal's order upholding dismissal was confirmed. (Paras 1-32)
B) Service Law - University Tribunal - Judicial Review - Scope - The court examined the limited scope of judicial review against the Tribunal's decision, finding no perversity or error of law. The Tribunal had correctly appreciated evidence and applied principles of natural justice. (Paras 20-30)
C) Service Law - Natural Justice - Opportunity of Hearing - The petitioner was given an opportunity to show cause and a personal hearing before dismissal. The court held that the principles of natural justice were complied with. (Paras 15-18)
Issue of Consideration
Whether the petitioner's dismissal from service on the ground of suppression of material facts in the appointment application was justified and whether the University Tribunal erred in upholding the same.
Final Decision
The writ petition is dismissed. The judgment and order dated 08/12/2014 passed by the University and College Tribunal is upheld. No order as to costs.
Law Points
- Suppression of material facts in appointment application
- Termination of service for suppression
- Scope of judicial review against University Tribunal
- Applicability of principles of natural justice in disciplinary proceedings
Case Details
2018 LawText (BOM) (11) 77
Writ Petition No. 1459 of 2015
Mr. P.D. Meghe for petitioner; Mr. S.P. Bhandarkar for respondent Nos.2 and 3; Mr. P. B. Patil for respondent No.5
Ku. Ujwala Vijay Sukhdeve
The Presiding Officer, University and College Tribunal, Nagpur; Lord Buddha's Sariputra Dnyan Prasarak Shikshan Sanstha; The College of Social Works and Arts; Special Social Welfare Officer; Rashtra Sant Tukdoji Maharaj Nagpur University
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Nature of Litigation
Writ petition challenging the judgment of the University and College Tribunal which upheld the petitioner's dismissal from service.
Remedy Sought
The petitioner sought quashing of the Tribunal's order and reinstatement with consequential benefits.
Filing Reason
The petitioner was dismissed from the post of Lecturer for allegedly suppressing material facts in her appointment application regarding her prior employment and termination.
Previous Decisions
The University and College Tribunal, Nagpur, by judgment dated 08/12/2014, dismissed the petitioner's appeal and upheld the termination.
Issues
Whether the petitioner suppressed material facts in her appointment application?
Whether the termination of the petitioner's service was justified?
Whether the University Tribunal erred in upholding the dismissal?
Submissions/Arguments
The petitioner argued that she had not suppressed any facts and that the termination was without proper inquiry and violative of natural justice.
The respondents contended that the petitioner deliberately suppressed her previous employment and termination, which amounted to fraud on the institution, justifying dismissal.
Ratio Decidendi
Suppression of material facts in an appointment application, especially regarding prior employment and termination, vitiates the appointment and justifies termination of service. The University Tribunal's decision to uphold such termination is within its jurisdiction and not perverse.
Judgment Excerpts
By this writ petition, the petitioner has challenged the judgment and order dated 08/12/2014 passed by the University and College Tribunal, Nagpur, whereby appeal filed by her challenging her dismissal from service in the post of Lecturer, has been rejected and the action of respondent Nos.2 and 3 has been upheld.
The court held that non-disclosure of material facts regarding previous service and termination amounts to suppression, justifying termination.
Procedural History
The petitioner was appointed as Lecturer in 2005. In 2006, the management issued a show-cause notice alleging suppression of facts. After reply and personal hearing, the petitioner was dismissed in 2007. She appealed to the University and College Tribunal, which dismissed the appeal on 08/12/2014. The petitioner then filed the present writ petition in 2015.
Acts & Sections
- Maharashtra Universities Act, 1994: Section 83
