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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2187 OF 2016
1 Shri Ayurved Prachar Sanstha
2 Smt. K. G. Mittal Punarvasu Ayurved
College & Hospital Mr.Siddharth
Dadasaheb Gaikwad .... Petitioners
vs
1 Vd. Ramesh Chirkutaji Wavare
2 The Registrar & Members of
Management Council,
Maharashtra University of Health
Sciences, Nashik .... Respondents
WITH
CIVIL APPLICATION NO. 1041 OF 2017
Shri Vd. Ramesh C. Wavare ... Applicant
In the matter of
1 Shri Ayurved Prachar Sanstha
2 Smt. K. G. Mittal Punarvasu Ayurved
College & Hospital Mr.Siddharth
Dadasaheb Gaikwad .... Petitioners
vs
1 Vd. Ramesh Chirkutaji Wavare
2 The Registrar & Members of
Management Council,
Maharashtra University of Health
Sciences, Nashik .... Respondents
Mr. S.G. Shirsat for the petitioner in WP/2187/16.
Mr. R.G. Panchal i/by Mr. V.L. Chaudhari for the Applicant in C.A.
No.1041/17 and for Respondent No.1 in W/2187/16.
Mr. R.V. Govilkar with Heena Bhagtani for respondent No.2.
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CORAM: B. R. GAVAI &
RIYAZ I. CHAGLA, JJ.
DATE : June 19, 2017 ORAL JUDGMENT (Per B. R. Gavai,J.): 1 The Petition challenges the decision of the Management-
Council of the Respondent-University thereby approving the decision of the Grievances Committee dated 21 May 2015, thereby accepting the grievances of Respondent No.1 and holding his termination dated 28 February 2014 as bad in law.
2 Respondent No.1 was initially appointed by the Petitioner in 1991 as Lecturer in Petitioner No.1-College. Subsequently, Respondent No.1 has been appointed as Assistant Professor and HOD. It appears that Petitioner No.1 received certain complaints against the Respondent and as such, memorandum of charge sheet was issued against the Respondent No.1 on 4.3.2013 and an Inquiry Committee was constituted. Upon the Inquiry Committee completing the inquiry, it submitted its report to the management. The Management issued a show cause notice to Respondent No.1 on 22.1.2014. Respondent No.1 submitted his reply on 5.2.2014. On 28.2.2014, the Petitioners passed an order removing Respondent No.1 from the services. 2/7 ::: Uploaded on - 28/06/2017 ::: Downloaded on - 28/08/2017 06:40:54 :::
dgm 3 20-wp-2187-16 with caw-1041-17.sxw 3 The Grievance Committee of the Respondent/University
vide its report dated 21.05.2015, after hearing the Petitioners as well as Respondent No.1 found that the order removing Respondent No.1 from services was not sustainable. The report of the Grievance Committee came up for consideration before the Management-Council of Respondent No.2-University. The Management-Council, after giving an hearing to the Petitioners as well as Respondent No.1, decided to grant approval to the report of the Grievance Committee. Being aggrieved thereby, the present Petition is filed. 4 Mr. Shirsat, learned counsel appearing on behalf of the Petitioners basically argued that the Petitioner is a Minority and in view of the fundamental right guaranteed under Articles 29 and 30 of the Constitution of India, the State or the University Authorities cannot have a right to interfere in its administrative decision. The learned counsel submits that since the Petitioners who are a Minority Institution have exercised their right to remove Respondent No.1 from his services, upon finding that the charges are proved against him, it was not permissible for Respondent No.2 to have interfered with the 3/7 ::: Uploaded on - 28/06/2017 ::: Downloaded on - 28/08/2017 06:40:54 ::: dgm 4 20-wp-2187-16 with caw-1041-17.sxw right of the Petitioners. The learned counsel relies on the judgment of the Constitution Bench of the Apex Court in T.M.A. Pai Foundation v. State of Karnataka 1.
5 Mr. Panchal, learned counsel for Respondent No.1 as well as Mr. Govilkar, learned counsel for respondent No.2-University oppose the Petition.
6 No doubt that the reliance placed by the learned counsel for the Petitioners on the judgment of the Constitution Bench of the Apex Court in the case of T.M.A. Pai Foundation (supra) is well merited. However, the perusal of the judgment would reveal that the Apex Court itself in the said case has observed that for redressing the grievances of the employees of aided and un-aided institutions, who are subjected to punishment or termination from services, a mechanism will have to be evolved. Their Lordships further observed that in Their Lordships opinion appropriate Tribunals could be constituted and till then, such Tribunals could be presided over by the Judicial Officers of the rank of District Judge. No doubt that in the 1 2002 (8) SCC 481 4/7 ::: Uploaded on - 28/06/2017 ::: Downloaded on - 28/08/2017 06:40:54 ::: dgm 5 20-wp-2187-16 with caw-1041-17.sxw other Universities, the Tribunals are established which are presided over by retired Judges of this Court. However, under Section 53 of the Maharashtra University of Health Sciences Act, 1998 a Grievance Committee has been established for entertaining the grievances or complaints of the employees within its jurisdiction. A detailed procedure for entertaining such grievances has been formulated by Direction No.5 of 2012. A Grievance Committee consists of Pro-Vice Chancellor, four members of the Management-Council nominated by the Management-Council and the Registrar. The report of the Grievances Committee is subject to the final decision of the Management-Council. We, therefore, find that it cannot be said that the Grievance Committee which is constituted under the provisions of the said Act cannot be said to be an appropriate forum to consider the grievances of the employees who are terminated by the Management. 7 Though the Petitioners have not placed on record the report of the Grievance Committee, we have examined the same which is produced for perusal by the learned counsel for Respondent No.1-employee.
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dgm 6 20-wp-2187-16 with caw-1041-17.sxw 8 The Grievance Committee has found that the proceedings
of the Inquiry Committee were vitiated since the preliminary inquiry which was conducted against the Respondent No.1 for collecting the material against Respondent No.1 was conducted by the Principal Vaidya Smt. Mangal Kshirsagar. The Grievance Committee found that the said Smt. Kshirsagar herself was a member of the Inquiry Committee. The Committee further found that one Advocate S. G. Shirsat, who is a legal advisor of the Petitioners was also a member of the Committee. It has been found by the Grievance Committee that the said legal advisor had also advised the Petitioner-Management to hold the departmental proceedings against the Respondent No.1. The Grievance Committee, therefore, found that the inclusion of these two members in the Committee was in violation of principles of natural justice.
9 One more fact that needs to be noted and which has also surprised us is that the said Advocate Mr. S.G. Shirsat is also representing the Petitioners in the present proceedings. On a query as to whether he is the same person who was the member of the Inquiry Committee, the learned counsel fairly concedes that he was the 6/7 ::: Uploaded on - 28/06/2017 ::: Downloaded on - 28/08/2017 06:40:54 ::: dgm 7 20-wp-2187-16 with caw-1041-17.sxw Inquiry Officer and he is appearing in the present matter since he is conversant with all inquiry proceedings.
10 To say the least, we find that the approach adopted by the Petitioner-Management is something extraordinary. 11 We do not find that the findings of the Grievance Committee, as have been approved by the Management-Council, can be said to be perverse or impossible warranting interference in the extraordinary jurisdiction under Article 226 of the Constitution of India.
12 In the result, the writ petition is dismissed. There shall be no order as to costs.
13 In view of disposal of the writ petition, Civil Application No.1041/2017 does not survive and is disposed of accordingly.
(RIYAZ I. CHAGLA J.) (B. R. GAVAI J.) 7/7 ::: Uploaded on - 28/06/2017 ::: Downloaded on - 28/08/2017 06:40:54 :::