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2022 Supreme(Bom) 1967
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
A. S. Chandurkar, Anil L. Pansare, JJ.
Secretary, Gyan Vikas Shikshan Sanstha & Ors. – Appellants
Versus
Chairman, Grievance Committee & Ors. – Respondents
Writ Petition No. 291 of 2022
Decided On : 19-12-2022
S.V. Sohoni, Advocate, N.D. Khamborkar, Advocate, P.S. Tiwari, Advocate
The court emphasized the importance of the Grievance Committee considering and deciding the objection raised by the petitioners regarding the maintainability of the proceedings under the Maharashtra Public Universities Act, 2016.
Headnote:
Grievance Committee - Service Dispute - The court directed the Grievance Committee to consider and decide the objection raised by the petitioners regarding the maintainability of the proceedings under the Maharashtra Public Universities Act, 2016. The Committee was instructed to grant due opportunity of hearing to all parties and proceed further based on its decision.
Fact of the Case:
Respondent No.3, an Assistant Professor, was restrained from discharging duties by the petitioners. He filed proceedings under the Maharashtra Public Universities Act, 2016, raising a grievance before the Grievance Committee. The petitioners objected to the tenability of the proceedings, stating that the remedy for challenging the termination of services was available with the University and College Tribunal.
Finding of the Court:
The court directed the Grievance Committee to consider and decide the objection raised by the petitioners. It kept the questions raised in the Writ Petition open and disposed of the case.
Issues: The main issue was the tenability of the proceedings filed by respondent No.3 under the Maharashtra Public Universities Act, 2016, in light of the objection raised by the petitioners.
Ratio Decidendi: The court's decision was based on the need for the Grievance Committee to first consider and decide the objection raised by the petitioners regarding the maintainability of the proceedings before proceeding further.
Final Decision: The court directed the Grievance Committee to consider and decide the objection raised by the petitioners and disposed of the case, keeping the questions raised in the Writ Petition open.
JUDGMENT
A.S. Chandurkar, J. - RULE. Rule made returnable forthwith and heard the learned counsel for the parties.
2. Respondent No.3 was in service with the petitioners on the post of Assistant Professor. It is his case that he was appointed on the said post on 11/2/2015. However, he was restrained from discharging his duties by the petitioners on 10/7/2019. Being aggrieved, respondent No.3 filed proceedings under the Maharashtra Public Universities Act, 2016 (for short 'the Act of 2016'). Respondent No.3 has raised a grievance before the Grievance Committee under the Act of 2016. In those proceedings, the petitioners - Management raised an objection to the tenability of those proceedings by urging that since the services of respondent No.3 had been terminated, the remedy for challenging the same was available with the University and College Tribunal. Since there was no adjudication of this objection, the present petition has been filed.
3. Considering the aforesaid facts, the interests of justice would be served by passing the following order :
i. The Grievance Committee shall consider and decide the objection that has been raised by the present petitioners to the maintainability of the said proceedings. The same be done after granting due opportunity of hearing to all the parties. Based on that decision, the Grievance Committee is free to proceed further in accordance with law.
4. Keeping the questions raised in the Writ Petition open, the same is disposed of. No costs.
