Maharashtra University Of Health ... vs Satchikista Prasarak Mandal & Ors

3. The basic facts of the case are as under:

4. The 1st respondent in this appeal is a public trust registered under the Bombay Public Trust Act, 1950 and the said trust runs several colleges including the 2nd respondent. The 3rd respondent is the Principal of the said college and the 4th respondent is a Lecturer therein. Both the 5th and 6th respondents were appointed Lecturers in the said college but their appointments were not approved but they 2 continued to work as lecturers in the said college.

5. On 7.8.05 a representation was made by the 5th respondent to the effect that after she had served the said college for the last three and a half year suddenly she was informed on 6.8.05 that the college authorities accepted her resignation. That was shocking to her since the 5th respondent could never resign as she had several liabilities and had no other income. The education of her two children had to be looked after while her husband was disabled in view of an accident and her father-in-law was a retired person. In her representation to the Vice Chancellor of the appellant-University she stated that at the time of her appointment, college authorities took her signature on a resignation letter without mentioning any date and that might have been used to remove her from the college. The University on receipt of the said representation sent a letter to the said college on 19th August, 2005 for its explanation 3 and explanation was submitted by the said college on 31.08.05.

6. Thereafter, the appellant-University formed a Committee to look into the grievance of the 5th respondent and the said Committee after visiting the college and conducting an enquiry on 29.08.05, 01.09.05 and 02.09.05 submitted its report to the appellant-University.

7. Again on 09.09.05, the 5th respondent submitted another representation to the Grievance Committee of the appellant-University which was also forwarded to the said college for its response. That was submitted by the said college on 04.10.05 and 08.11.05. Thereafter, the appellant-University gave the 5th respondent a hearing in respect of her complaint which she raised in her representation. The said meeting was held before the Grievance Committee and the Grievance Committee gave a detailed report on the basis of its enquiry. Before the report was given, the 5th respondent and the person against whom complaint was lodged were examined along 4 with some witnesses. Thereafter, the Grievance Committee took a decision to refer the matter to the State Commission for Women for further investigation and it was decided that the report of the said Commission was to be considered in the next meeting of the Committee.

8. Thereafter, on 18th January, 2006 the 6th respondent lodged a further complaint with the police station Sadar against the 4th respondent as a result of which offence punishable under Section 509 of I.P.C was registered against the 4th respondent and the Summary Criminal Case No.4332/06 was registered in the Court of J.M.F.C., Nagpur. On 19.01.06, 5th respondent also lodged report with the police station and on the basis of the said report an offence came to be registered on 04.02.06 vide Crime No.22/06 under Sections 468, 471, 354, 509, 506 read with Section 34 of the Indian Penal Code. In connection with the aforesaid criminal case, the 3rd and 4th respondents were arrested by the police on 05.02.06 and were remanded to police custody for two days. They were granted bail by 5 the Court of J.M.F.C., Nagpur on 08.02.06. The Principal of the college was also granted anticipatory bail on 06.02.06 and which order was subsequently confirmed on 23.02.06.

10. In view of the complaint of the 6th respondent, the University called the 1st, 2nd and 4th respondents for hearing on 08.03.06 before the Grievance Committee and on 04.03.06 the 6th respondent sent a complaint to the appellant- University seeking action against the respondents. In that complaint the 6th respondent gave details of ill-treatment and sexual harassment which she and other lady lecturers and employees of the college including the 5th respondent were subjected to by the authorities of the said college. In view of such complaints, the Grievance Committee of the University met on 8th March, 2006 to consider the issues in the light of complaints received by the 6th respondent against the college 6 authorities. Pursuant to the meeting of the Grievance Committee, the University by its communication dated 21st March, 2006 directed the 1st and 2nd respondents to take steps against the 3rd and 4th respondents with a direction to suspend them and it was also directed that the 5th respondent may be reinstated. It was also directed that approval granted in respect of the service of 3rd and 4th respondent be frozen. A reply was sent by the 1st respondent to the order of the appellant-University dated 21.03.06. Thereafter, the appellant-University further informed the college authorities that the decision to freeze the approval of the 3rd and 4th respondents was taken under the provision of Clause 25.2 of the University Direction No.25/01 and it was done in accordance with Section 16 (8) of the said Act. The governing body of the respondent college in its meeting held on 27.03.06 refused to comply with the direction issued by the University by its letter dated 21st March, 2006 and this fact was communicated to the appellant by the said college. On 1st April 2006, the 1st and 2nd respondents addressed a 7 letter of the same date and contended therein that the appellant-University does not have the power to freeze the approval of appointment of permanent teachers like the 3rd and 4th respondents and the appellant was asked to withdraw its communication dated 29th March, 2006.

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38. Therefore, with great respect, this Court is constrained to hold that the Hon'ble High Court possibly fell into an error by holding that the Grievance Committee has no jurisdiction to entertain the complaints made by 5th and 6th respondent since they are not approved teachers.

40. For the reasons aforesaid, the appeal is allowed. The judgment of the High Court is set aside.

41. The High court shall now dispose of the writ petition filed before it in the light of the observations made hereinbefore about the jurisdiction of the Grievance Committee. However, this Court makes it clear that the order of reinstatement made in respect of 5th and 6th respondent shall be maintained and their continuity in service cannot be disturbed without following the provision of University Acts and Statutes.

42. The appeal is allowed with the directions mentioned hereinabove. Parties are left to bear their own costs.