STATE OF MAHARASHTRA Vs. VD. SHRIDHAR JAKHUJI DAREKAR

JUDGEMENT

(1.) This is a review petition filed by the State of Maharashtra, the Director, Directorate of AYUSH and the Assistant Director of Ayurveda, Pune. The grievance of the review applicants is restricted to the directions issued by this Court in paragraph Nos. 9 and 10, which read as under :-

(2.) The learned AGP submits that a litigant can not take advantage of his own wrong. Respondent Nos. 4 is the Institution operating Respondent No.5 College of Ayurved. Without seeking prior permission of Respondent Nos. 2 and 3, the Institution suspended the original Petitioner on 17/4/2015. Prior thereto, they admit, that they directed the Petitioner to proceed on leave from 22/1/2015 and adjusted his available leave as against the same. The original Petitioner superannuated on 31/5/2015. Neither any charge sheet was served upon him, nor a departmental enquiry was conducted. An order of suspension was issued without prior permission and without citing any provision, on the ground that the Petitioner has defamed the Institution by making allegations in local newspapers. The learned AGP submits that neither the prior permission of the Authorities was taken, nor any specific provision was referred to for suspending the Petitioner.

(3.) The learned AGP draws our attention to the circular issued by the Directorate of Ayurveda, Government of Maharashtra, dtd. 3/6/1988, wherein all the Ayurveda Colleges were informed through their Principals that the Government had noticed that several institutions were highhandedly suspending employees and, even at times, terminated their services. Subsequently, if these employees succeeded in Court, the burden of back wages / suspension allowance was foisted on the State Exchequer and the amounts were to be paid by the Government instead of the Management which had indulged in such high- handed illegal action. It was, therefore, specifically set out by way of a caution to all the Colleges that, henceforth, without the prior permission of the Authorities, no employee should be suspended or terminated from service and if this is so done, the financial implications would rest on the Management and the Government of Maharashtra would not be liable to shoulder such financial burden.