ASHOK ANANT DATAR Vs. INDIAN ART INSTITUTE

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the validity of Rules and Regulations of Grand-in-Aid Code for Government Recognised Institutions in the State of Maharashtra, especially Rule 63. 2. 1, which reads as under :-63. 2. 1. The services of a permanent employee may be terminated by the management without assigning any reason on giving compensation as follows :- (a) 12 months salary (pay and allowance, if any ) to the employee, if he has been in service of the institution for 10 years or more. (b) 6 month's salary (pay and allowances, if any), if he has been in the service of the institution for less than 10 years. as well as the termination order dated 12th June, 1991 based on the above Rule.

(2.) THE learned Counsel appearing for the petitioner brought to our notice that the petitioner had joined the services of respondent No. 1 in the year 1973 as an assistant lecturer and that he was also a life member of respondent No. 2 society. It appears that his services were duly confirmed. The petitioner and some of his colleagues found that there was a large scale misappropriation of funds in the said institution, in view thereof, they had made certain representations.

(3.) IN view of the above complaint and representations, charge-sheet was issued on 24-2-1986 to the petitioner. The petitioner gave his reply on 19-6-1986. However, the same was not proceeded with. Subsequent'y, the petitioner was issued with a memo for late attendance on 7-3-1989, to which also the petitioner had sent reply. At this stage, the responden, did not proceed any further. Subsequently, on 12-6-1991, the petitioner's services were terminated abruptly by the respondent Nos. 1 and 2 referring to and relying on the aforesaid Rule No. 63. 2. 1, which provides that a permanent employee's services can be terminated by the Management without assigning any reason by giving compensation of 12 months' salary, if he has been in service for more than 10 years and of 6 months salary, if he has been in service for less than a period of 10 years, and accordingly the petitioner was offered 12 months salary.