The main legal point established in the judgment is the requirement to observe the prescribed quorum and principles of natural justice in the constitution and proceedings of statutory bodies, such as the Grievance Committee and the Management Council.

1. Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties.

2. The petitioners herein challenge the report by the Grievance Committee, dt.8.11.2011 as also Resolution No.20 of 2012, dt.2.3.2012 passed by the Management Council of respondent no.1/University and communication from the University dt.20.3.2012 issued by the Registrar of the University. The petitioners have prayed to confirm the order dt.11.1.2010 issued by the petitioner institution against respondent no.3.

3. The facts, briefly stated, are thus:-

Petitioner-Shri Shivaji Education Society, Amravati a registered Trust & Society, runs the Medical College by name Dr.Punjabrao @ Bhausaheb Deshmukh Memorial Medical College at Amravati and other educational Institution. Respondent no.1 is the University established under the provisions of the Maharashtra University of Health Sciences Act, 1998 (hereinafter referred to as ‘MUHS Act’). Under Section 53 of the said Act, a Grievance Committee is constituted to deal with the grievances of the teachers and other employees of the University, Colleges, Institutions etc. and hear and settle the grievances. It consisted of the Pro Vice Chancellor as Chairperson and four members from the Management Council and the Registrar as a Member-Secretary, who has no right to vote.

4. Respondent no.3 Dr.Padmakar Rambhau Somvanshi was appointed as a Reader by the Petitioner/Society in Dr.Punjabrao @ Bhausaheb Deshmukh Memorial Medical College, wherein he joined in the year 1987 and was appointed as a Professor of Medicine in the year 1988. He was then appointed as an Officiating Principal in the year 1994. That appointment was challenged by the Senior Professors in the Bombay High Court, Nagpur Bench. In 1997, respondent no.3 was appointed as Dean, vide Order dt.26.9.1997. The appointment was challenged by Dr. Udhav Deshmukh and Dr.Vilekar by filing Writ Petition No.3774 of 1997. While respondent no.3 was working as a Dean in the Medical College run by the petitioner, there was a raid by the Income Tax Department which had found Rs.47,30,665/ cash in the safe of the College. Out of which, Rs 46,17,000/ was seized by the Income Tax Department as respondent no.3 could not show the record as to receipts about it. Respondent no.3, however, later gave the list of persons who had donated the sums. The petitioners alleged that respondent no.3 had collected the amount without issuing the receipts and was held responsible for the serious misconduct tarnishing the image of the College in the eyes of public. On 7.8.2007, respondent no.3 was asked to go on compulsory leave of three months. A Fact Finding Committee was appointed by the petitioner on 18.8.2007. It submitted the Report on 23.11.2007. An order of suspension was issued on 6.12.2007. Disciplinary enquiry was initiated. Charge sheet consisting 18 charges was issued on 6.12.2007. Respondent no.3 was found prima facie guilty of involvement in monetary illegalities and misappropriation of the amounts. Executive Committee approved the report of the Fact Finding Committee. On 26.9.2009, the Enquiry Committee submitted the report to the Petitioner/Society. It was placed for consideration before the Executive Committee which unanimously accepted the Report and authorised the President of the Society to take all further steps in the matter vide Resolution dt.19.11.2009. Minutes of the meeting were confirmed on 28.1.2010. Copy of that Enquiry Report was served upon respondent no.3 on 11.12.2009. Dismissal Order, dt.11.1.2010 was served upon respondent no.3 on 16.1.2010. Respondent no.3 filed appeal under Section 53 of the MUHS Act addressed to respondent no.2 Grievance Committee. The proceeding was heard on 17.4.2010. Respondent no.3 was directed to be reinstated by giving him all consequential benefits.

5. According to the petitioners, Dr.G.V. Patil, former Vice Chancellor, Amravati University had made a Complaint, dt. 10.4.2008 to the Secr