SANTOSHRAO Vs. GADGE MAHARAJ VIDYALAYA MANDAL

JUDGEMENT

(1.) Since common issues arise in these Writ Petitions, they are being decided together by this common judgment. The petitioner in Writ Petition No. 2348/2021 - hereinafter referred to as 'Principal' came to be appointed as a Principal at Shri Gadge Maharaj Vidyalaya, Murtizapur, District - Akola - hereinafter referred to as 'the College' on 22/11/2016. Respondent Nos. 4 to 9 - hereinafter referred to as 'the aggrieved employees' filed a complaint against the Principal on 13/11/2020 at Police Station - Murtizapur. They pursued the matter by making various other complaints to the Authorities. Based on the complaint made to Sant Gadge Baba Amravati University on 17/11/2020, the Vice-Chancellor on 18/11/2020 constituted a three member Committee to consider the grievances made by the aggrieved employees and particularly with regard to failure on part of the Principal in avoiding to send relevant placement papers of some Lecturers from the year 2017-18, use of abusive language by the Principal since complaints were made against him and the act of the Principal of issuing notices to the aggrieved employees so as to demoralize them. The three member Committee sought to enquire into the matter which was objected to by the Principal. The said three member Committee submitted its report to the Vice-Chancellor and hence on 18/2/2021, the Vice-Chancellor directed the College to hold disciplinary proceedings against the Principal and submit a report to the ViceChancellor. The Principal is thus aggrieved by the said action and has challenged the direction issued by the Vice-Chancellor on 18/11/2020 constituting a three member Committee to enquire into the complaints as well as the communication dtd. 18/2/2021 issued by the ViceChancellor to the College to conduct disciplinary proceedings against the Principal.

(2.) The aggrieved employees have filed Writ Petition No. 2190/2021 seeking implementation of the communication dtd. 18/2/2021 issued by the Vice-Chancellor to the College and disciplinary enquiry to be conducted against the Principal. The other ancillary prayers with regard to taking necessary steps for pay fixation as well as payment of salary for eleven days are also made in the said Writ Petition. Shri Gadge Maharaj Vidyalaya Mandal - hereinafter referred to as 'the Management' has preferred Writ Petition No. 2570/2022 and it seeks consideration of its proposal dtd. 22/10/2021 seeking approval to re-appointment of the Principal for another term of five years. By amending the Writ Petition, the order dtd. 12/8/2022 passed by the Registrar of the University refusing to approve the proposal for reappointment of Principal is also under challenge.

(3.) Shri S.P. Bhandarkar, learned Counsel for the Principal submitted that there is no jurisdiction vested with the Vice-Chancellor of the University to direct the Management of an affiliated College to initiate disciplinary action against its employees. The Management, being the master of its employees which included the Principal, could alone initiate disciplinary action against him. Sec. 12 of the Maharashtra Public Universities Act, 2016 (for short "the Act of 2016") which provides for the powers and duties of the Vice-Chancellor does not confer any specific power on the Vice-Chancellor to initiate disciplinary action against an employee of the Management is the submission. A reference was made to the absence of such power by referring to the provisions of Sec. 12(14) of the Act of 2016. It was submitted that the aggrieved employees could take recourse to the provisions of Sec. 79 of the Act of 2016 and approach the Grievances Committee in that regard. The Grievances Committee was empowered to deal with the grievances that were sought to be raised by the aggrieved employees. In absence of there being any power conferred on the Vice-Chancellor to entertain such grievances, the impugned communication dtd. 18/11/2020 being without any authority of law was liable to be set aside. Consequently, the inquiry conducted by the three member Committee also did not have any legal basis and hence the direction issued by the Vice-Chancellor on 18/2/2021 to the Management to hold disciplinary enquiry against the Principal would not survive. It was thus submitted that the impugned communications dtd. 18/11/2020 and 18/2/2021 issued by the Vice-Chancellor were liable to be set aside.