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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, ABHAY AHUJA, JJ.
Dr. Dipak Vishwnathrao Muley – Petitioner
Versus
State of Maharashtra – Respondent
Writ Petition No. 11955 of 2018
Decided On : 18-01-2022
Constitution of India, 1950 - Article 226 - Maharashtra Universities Act, 1994 - Section 9 - Maharashtra Universities Act, 2016 - Section 9 - Maharashtra Civil Services (Pension) Rules, 1982 - Rule 27(2)(a), 27(2)(b), 27(6)(a) and Section 27(3) - Discipline and Appeal Rules, 1979 – Power of High court to issue writs - Powers on Governor to call for report or explanation or information with respect to any matter or affairs of university and after considering same to issue directions as deemed fit in interest of university, student, public, which are to be complied by university – Whether Respondents could have initiated departmental enquiry against Petitioner after 31st December 2017 when Petitioner retired from service by superannuation - Whether enquiry would stand commenced only upon issuance of charge-sheet or was commenced when Respondent had issued a show cause notice upon Petitioner calling upon to explain various allegations - Held, Court, therefore, answer question that we had formulated for our consideration by holding that (i) departmental proceedings in this case are deemed to have been instituted from date of issuance charge-sheet /Article of charges to Petitioner and not from date of issuance of show cause notice; (ii) Since we have held that departmental proceedings have been initiated from date of issuance of charge-sheet and after Petitioner’s retirement from service, then under Rule 27(2)(b)(i) of 1982 Rules, prior sanction of Government ought to have been taken before issuance of Article of Charges which, as we have held was not taken and therefore, said proceedings have been vitiated and are bad in law - This Court has also by way of ad-interim order directed enquiry to proceed further but with a rider that no final order should be passed without leave of this Court - Learned counsel submits that though enquiry has been completed but in view of order of this Court no final order has been passed as challenge in petition is whether Respondents could have initiated departmental proceedings against Petitioner with effect from which date Petitioner retired from service by superannuation - Having held that there was no sanction of Government before commencement of departmental proceeding which would deemed to have commenced upon date of issuance of charge-sheet to Petitioner, in Court view, neither charge-sheet nor departmental proceedings can be sustained and entire proceedings deserve to be quashed and set aside as non-est and not in accordance with law and without jurisdiction - Writ petition allowed.
JUDGMENT :
ABHAY AHUJA, J.
1. Rule. Learned Counsel for the parties waive service of notice. With the consent of the counsel for the parties, rule made returnable forthwith and heard finally.
2. By this petition, filed under Article 226 of the Constitution of India, Petitioner is challenging the charge-sheet dated 28th August, 2018 issued by Respondent No. 2-university as well as the departmental enquiry proceedings and also seeking directions for release of post retirement benefits including pension and gratuity with effect from 1st January, 2018.
3. Brief facts leading upto the petition are as under:
(b) Thereafter, Dr. Babasaheb Ambedkar Marathwada University at Aurangabad appointed Petitioner to the post of Registrar with effect from 25th March, 2008.
(c) In the month of March, 2010 after completion of two years as Registrar, Petitioner was repatriated to his original post of Professor at the Respondent no. 2-Shivaji University.
(d) He was appointed as Registrar of Shivaji University for a period of five years with effect from 15th June 2010.
(e) After completing the five year tenure as Registrar of Shivaji University, Petitioner was reverted back to his original post of Professor with effect from 15th June, 2015.
4. It is the case of the Petitioner that soon after he came back to his original post of professor, due to some grudges of certain association or persons, when he was Registrar, false complaints with malafide intention, to harass the Petitioner were made to Respondent no. 2. It is submitted that thereafter, letter dated 19th December 2015 was issued by the Registrar of Shivaji University to Petitioner calling for explanation about the allegations made therein.
5. Thereafter, by letter dated 22nd February, 2016, Petitioner replied to the aforesaid letter.
6. In the month of April, 2017, the Shivaji University appointed a one man committee of Shri J.N. Shanbhag, retired District Judge, to inquire and submit report with respect to Petitioner, which report Petitioner submits as not been supplied to the Petitioner purportedly on the pretext that the same was confidential. Thereafter, vide letter dated 24th October 2017, the university issued a show-cause notice calling upon Petitioner to submit explanation about the allegations made in the said letter against the Petitioner. Petitioner was put to notice that if reply was not furnished within 15 days, the university would take appropriate action. By letter dated 14th November 2017, Petitioner submitted a reply to the university denying the allegations against the Petitioner.
7. It is submitted that the university had appointed one more one man committee of Divisional Joint Director of Higher Education, Solapur Division. Petitioner submits that the said committee never called upon Petitioner even on single occasion for the purpose of enquiry or otherwise and the said committee submitted its report to the university without supplying a copy to the Petitioner on the pretext that the same was confidential.
8. Petitioner submits that on the last date of Petitioner’s service viz. on 30th December 2017, based on the report of the Deshpande Committee as appointed above, university issued a letter and called upon Petitioner to submit his explanation to the allegations made in the said letter. Vide letter dated 1st March 2018, Petitioner replied to the said letter denying the allegations made against him.
9. In the meanwhile, Petitioner submits that, upon attaining superannuation, he retired from the service of Shivaji University with effect from 31st December 2017.
10. Petitioner submits that all of a sudden on 29th August 2018 he received letter with a copy of the charge-sheet dated 28th Augus
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