JUDGMENT

M. W. Chandwani, J. - The present reference is on account of the order dated 23rd December 2021 passed by a Division Bench of this Court and the question for consideration read as under:

"Whether the requirement of the proviso below Clause 5 of Statute 53 is attracted in a case where an employee is terminated on the ground of willful and persistent neglect of duty and/or misconduct covered by Clause 8(a ) & (b ) of the contract Schedule -A appended to Ordinance 24 of College Code?'.

2. The controversy lies in a narrow compass with the Statute 53 and Ordinance 24 framed under the Maharashtra University Act, 1994 taking center stage. Whether proviso below Clause 5 of Statute 53 will prevail over second proviso to Clause 8 of contract Schedule-A appended to Ordinance 24 is the broad question that we are asked to decide.

3. The relevant facts that require mention here are that respondent No. 1 was appointed on 03.09.1984 and his services were confirmed on completion of probation period. The Management initiated disciplinary proceedings against respondent No.1, which culminated into termination of his services. Respondent No.1 challenged the order of termination before the Universi