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SANDEEP V. MARNE
Nirmal Krida and Samaj Prabodhan Trust – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.
2. By this petition petitioners assail judgment and order dated 20.09.2021 passed by the Presiding Officer, University and College Tribunal, Aurangabad in Appeal No. BAMU-02 of 2020. By that order, the Tribunal has allowed the appeal filed by respondent no. 2 and has set aside the order dated 29.11.2019 imposing penalty of dismissal from service. The respondent no. 2 is directed to be reinstated alongwith back wages from the date of suspension till the date of reinstatement alongwith continuity in service.
3. Petitioner no. 1 is a Trust which runs and operates Nirmal Krida and Samaj Prabodhan Trust’s Arts, Science and Commerce College. Petitioner no. 2 is the Principal of the College. The respondent no. 2 has been in employment of Petitioners since 09.07.2009 as Associate Professor.
4. Respondent no. 2 was placed under suspension by order dated 09.01.2018. Memorandum of charge-sheet dated 29.06.2018 was served upon him alleging seven charges. The charges essentially emanated out of alleged conduct of respondent no. 2 in
The Tribunal's decision to go into the merits of the charges and direct reinstatement was erroneous, and the Court remanded the disciplinary proceedings for a fresh enquiry, maintaining the dismissal....
The court reaffirmed that disciplinary proceedings must strictly adhere to procedural requirements, including proper approval of chargesheets and the necessity of oral enquiries, to ensure fairness a....
The judgment establishes that non-compliance with statutory procedures in disciplinary inquiries can lead to the invalidation of termination and highlights the importance of adhering to principles of....
Procedural violations in disciplinary inquiries affecting natural justice necessitate judicial review and potential intervention.
Rule 7(vii) provides that where charged government servant denies charges, enquiry officer shall proceed to call witnesses proposed in charge sheet.
Disciplinary proceedings must comply with natural justice principles; failure to provide an opportunity for defense or to follow prescribed procedures invalidates resultant actions.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
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