NASEER BABASAHEB JAHAGIRDA Vs. JOHN WILSON EDUCATION SOCIETY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and taken up for final hearing with the consent.

(2.) The Petition challenges the order dtd. 23/3/2022 passed by Presiding Officer, Mumbai University and College Tribunal in Appeal No. 10 of 2015 dismissing the Appeal filed by the present Petitioner under Sec. 59 of the Maharashtra Universities Act, 1994 against the order of his removal dtd. 17/8/2015 passed after an ex-parte inquiry.

(3.) The facts required to be exposited are that the Respondent No. 1 is the registered trust and the Society which runs Respondent No. 3-Wilson College, which is affiliated to Respondent No. 4-University of Mumbai. The Petitioner was appointed in the year 2005 in Respondent No. 3-College as full-time Assistant Professor in Biotechnology and was absorbed in the aided course in December, 2007. The show-cause notice came to be issued on 25/1/2014, to which response was filed on 30/1/2014. The Board of Management of Wilson College took a decision in its meeting held on 4/3/2014, to appoint Shri. V. N. Malya as Inquiry Officer to conduct the inquiry into conduct of the Petitioner in accordance with the provisions of the University of Mumbai Statutes and other applicable rules and to submit the report. The chargesheet was served on Petitioner on 15/4/2014 alleging misconduct under Statute 439D (a), moral turpitude under Statute 439D (b) and willful and persistent negligence of duty under Statute 439D(c). In response to the chargesheet and the statement of allegations, Petitioner addressed a communication to the Respondent Nos. 1 and 2 stating that the show cause notice issued by Mr. Malya is not on any institutional letterheard and there is no authorisation and asked for authentication of Mr. Malya. The Petitioner did not participate in the inquiry and the inquiry proceeded ex-parte. On 6/5/2015, the Inquiry Officer submitted the report to Respondent No. 2 to which the Petitioner submitted his explanation and the Petitioner submitted his on 2/6/2015 pointing out Statute 444(c) which provides for the governing body to appoint the Inquiry Officer. The Respondent No. 2 i.e. the Board of Management of Wilson College decided to terminate services of the Petitioner and vide order dtd. 12/8/2015, the penalty of removal from services of Wilson College was passed. The termination was challenged before the Tribunal by way of Appeal No. 10 of 2015, which came to be dismissed by the impugned order.