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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Milind N.Jadhav
Vice President, Somaiya Trust – Appellant
Versus
Pradnya d/o Gopalrao Giradkar – Respondent
| Table of Content |
|---|
| 1. counsel representation for petitioners and respondents. (Para 1) |
| 2. challenge to tribunal's judgment. (Para 2 , 3) |
| 3. validity of employee dismissal and related grievances. (Para 4) |
| 4. factual context of respondent no. 1's employment. (Para 5) |
| 5. petitioners argue inadequacies in complaints against them. (Para 12) |
| 6. respondent no. 1's claims of wrongful dismissal and grievances. (Para 13) |
| 7. court's critique of moral turpitude charge and implications. (Para 18 , 19) |
| 8. court's reasoning against moral turpitude regarding respondent. (Para 20 , 22 , 24 , 30 , 34) |
| 9. court's final directions regarding reinstatement. (Para 25 , 27 , 28) |
| 10. final court orders and implications. (Para 26 , 36) |
JUDGMENT :
Milind N. Jadhav, J.
1. Heard Mr. D’Souza, learned Advocate for Petitioners; Dr. Warunjikar, Advocate appointed through legal aid for Respondent No.1; Ms. Mondol, learned Advocate for Respondent No.2 and Ms. Nimbalkar, learned AGP for Respondent No.3.
2. The present Writ Petition is filed by Petitioners to challenge the judgment and order dated 09.04.2014 passed by the Mumbai University and College Tribunal in Appeal No.34 of 2011.
3. By virtue of the impugned judgment, Tribunal ha
Charges of moral turpitude cannot be equated with legitimate complaints by an employee seeking redress for service rights; failure to comply with reinstatement orders deprives the employee of rightfu....
An employee wrongfully terminated without a proper enquiry is entitled to be treated as under deemed suspension and receive subsistence allowance during the period of the enquiry, ensuring protection....
The court held that the government may withdraw re-employment provisions for retired teachers according to policy changes, and that no vested rights were violated as re-employment was contingent upon....
The court upheld that willful non-compliance with judicial orders leads to dismissal of petitions, reinforcing obligations to follow Tribunal directives in employment matters.
Under Article 227, High Court cannot interfere with school tribunal's setting aside of prejudiced disciplinary inquiry where findings mismatch framed charges, absent perversity or natural justice vio....
The main legal point established in the judgment is that a policy decision to recall a previous decision, taken in the larger public interest, is valid and not unreasonable. The principle of legitima....
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