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2023 Supreme(Bom) 2184

SANDEEP V. MARNE
Subrat Kumar Sahoo – Appellant
Versus
Hash The Ld. Presiding Officer Mumbai University And College Tribunal Mumbai – Respondent


Advocates appeared:
Mr. Shashikant Damodarlal Chandak, Advocate a/w. Ms. Kanchan Shashikant Chandak, Advocate for Appellant; Mr. Arun Panickar, Advocate a/w. Mr. Mangesh Sawant, Advocate for Respondent Nos.2 & 3.

JUDGMENT

1. Rule. Rule is made returnable forthwith. With the consent of learned counsels appearing for the parties, petition is heard finally.

2. This petition is filed by Petitioner challenging the judgment and order dated 10 December 2021 passed by the Presiding Officer, Mumbai University and College Tribunal (Tribunal) to the extent of grant of liberty to hold fresh enquiry and non-grant of backwages. The Tribunal has partly allowed Petitioner's Appeal challenging the termination. While granting reinstatement with continuity, the Tribunal has granted liberty to the Respondent-Management to hold fresh enquiry, with further direction to pay backwages only in the event of noncompletion of the enquiry within 08 months.

3. Briefly stated, facts of the case are that Petitioner was appointed as Lecturer on 11 June 2007 in the Respondent No.3 college, run and managed by the Respondent No.2 Trust. The appointment was approved by the University by letter dated 20 December 2007. Petitioner was confirmed in service on 10 June 2009. A Notice was issued to him on 31 January 2018 by the Principal alleging that he had failed to improve his performance and teaching methods despite several written

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