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2011 Supreme(Bom) 324

NISHITA MHATRE
Rohidas Ganpat Godse – Appellant
Versus
The Principal, G. B. Khare College – Respondent


Advocates appeared:
For the Petitioner:Anita Agarwal, Advocate. For the Respondent:R1 to R3 - Sunanda Kumbhat, R4 - R.A. Rodrigue, Advocates.

JUDGMENT :

1. The challenge in this petition is to the judgment and order of the Mumbai University and College Tribunal dated 27.3.2001. By the impugned order, the Tribunal has dismissed the appeal preferred by the petitioner under Section 59 of the Maharashtra Universities Act, 1994.

2. On 10.12.1998, respondent Nos.1 and 2 i.e. the management of the college advertised the post of lecturer in Accountancy. The petitioner being qualified with M.Com., M.Phil. and G.D.C. & A. degrees, applied for this post. He was selected by duly constituted Selection Committee and joined service with the management on 6.2.1999. He was informed that the formal appointment order would be issued to him later. The petitioner noticed that the management was indulging in the malpractice of releasing payment of only 50% of the salary payable to the teaching staff although their signatures were obtained on documents indicate that they had received the full salary. On a demand by the management, the petitioner submitted a duplicate pass-book to it.

3. The petitioner was issued an order terminating his services on 1.1.2001. Consequently, he preferred Appeal No. 1 of 2001 before the Mumbai University and Colle























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