Professional Documents
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12.WP 650_2020
12.WP 650_2020
QPN—J-2491—MCJPN—1-2019—4.10,000(looae)—PA4, (Spl.—H,C,.A.S.,C,D.
PART
Constitution Matter (130)
Sr. Citizen - Petitioner
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE,
D.B.Wpst,No.242/20
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NAGPUR BENCH, NAGPUR
DISTRICT: NagpuF
W.RNflBiyal /2020
.......... - Nos. of^O .
Application
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{Advocate Mr. )
B. G. Kulkarni & S. N. Shende
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(Advocate Mr. )
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CPN-J-2489-MCJPN-01-20I9-40,000 (Ioosc)-ALA4* - [Spl.-HC.,A.S.,C.D.78e.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
4 APPELLATE SIDE (NAGPUR BENCH), NAGPUR
• Sr. Citizen - Petitioner
District :
D.B.Wpst.No.242/20 - Nagpur
versus
State of Maharashtra, through its Secretary, Deptt.
Of Higher and Technical Education, Mumbai and Respondents,
others
(Advocate Shri copy served to GP for R.hio. 1 & 2
■ 9.0:0;-----------------------------------------------
Office Notes, Office Memoranda of Coram,
Appearances, Court’s orders or directions Court’s or Judge’s orders
and Registrar’s orders
29/01720.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
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APPELLATE SIDE CIVIL JURISDICTION
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR
APPELLATE SIDE CIVIL JURISDICTION
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APPELLATE SIDE CIVIL JURISDICTION
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
INDEX
Sr. Anne- Particulars Date Page
No. xures Nos.
1. Synopsis, dates and event. 02.01.2020 I-IV
Petition under article 226 of
2. the Constitution of India is 02.01.2020 1-12
f
duly sworn.
3. List of Annexures. 02.01.2020 13-14
The copy of charge sheet
4. A served by the petitioner to 25.09.2017 15-23
respondent No.3.
The copy of order of
suspension issued by the
5. B 11.06.2018 24-25
petitioner to respondent
No.3.
The copy of application
6. C submitted by petitioner to 14.05.2018 -26-
respondent No.2.
The copy of order issued by
7. D the petitioner to respondent 27.09.2018 -27-
No.3.
The copy of letter issued by
8. E 13.08.2018 -28-
the petitioner to the Bank.
i
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II
NAGPUR
DATED: 02.01.2020
4 *
4-
Nagpur.
witnesses.
proceedings.
suspension.
allowance (Rs.3,16,606.50)
III
fl
•v’4 •’
IV
teacher/employee?
NAGPUR
DATED: Q^Ol.2020 COUNSEL FOR P^TIONER
(B.G.KUIk^ni)
^p.ofRs-
Section Ofwer
CivH Ooponmont
UNDER
VERSUS
CONSTITUTION OF INDIA
submit as under.
and G respectively.
that the respondent No.3 was entitled for full salary during
marked as Annexure H.
marked as Annexure J.
100% grant in aid and when the salary for the post of
i) by a writ of mandamus or by a
H) By a writ of mandamus or by a
NAGPUR
DATED ;^.O1.2O2O COUNSEU FCm PETITIONER
(BXmKULKARNI)
SOLEMN AFFIRMATION
' N a
[B
do hereby take oath and state and submit that the contents
in Paras 01 to 15 in the petition are true to my personal
Fl knowledge, belief and information. The legal submissions are
as per the information received from my counsel and
believed to be true by me.
Hence verified and signed at Nagpur on this
(K
I know & Identify
the Deponent Deponent
(B.G.Kul
Advocate
■zy thia —S—^M.£2r«
Section Owieer
Higft Court of Bombay
mr Bench. Nagpur
13
NAGPUR
COUNSEL FOR ^iTTTONER
DATED: 02.01.2020
(B.GXKi^arni)
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/« ■ •
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To,
NO •
Dr.Ratnakar Dahat,
Principal,
' Shri.Chakrapati Arts College,
. .Nagpur,
J
/
A
4
-10.-.
misappropriated by Dr.Dahat. The said conduct on the part of
Dr.Dahat amounts to serious misconduct.
i
05. Charge No.S:- While working as the Principal of Shri
Chakrapani Arts college, Nagpur, Dr.Ratnakar Dahat had
temporarily misappropriated an amount of Rs.90000/-. Medical
reimbursement bill of. Smt.Vaishali Patil, Librarian was
sanctioned by the competent authority and an amount of
Rs.93452/- was redicted in the salary account of the college pn
14.02.2015. It was the. obligation of Dr.Dahat to transfer the
:• said amount in the account of Smt.Vaishali Patil immediately.
However by a self cheque bearing cheque No.46893 Dr.Dahat
• had withdrawn an amount of Rs.90000/- on 27.02.2015.
Thereafter on 27.03.2015 Dr.Dahat had deposited an amount of
Rs.90000/- in cash in the salary account and on 27.03.2015, the
^amount of Rs.93,452/- was transferred to the account of
Smt.Vaishali Patil. When the amount was to be transferred in
the account of Smt.Vaishali Patil, there was no occasion for
Dr.Dahat to effect personal . withdrawal of Rs.90000/- on
27.02.2015 and then to deposit the amount on 27.03.2015.
Thus apart from financial irregularity Dr.Dahat had indulged in
temporary misappropriation of amount of Rs.90000/-. The said
conduct on the part of Dr.Dahat amounts to-serious misconduct.
!
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9
the years 2013-14, 2014-15, 2015-16, 2016-17 Dr. Dahat has
not taken any Initiative for arranging NSS camp. The University I
NAGPUR
DATED:- President,
Kalyaii Education Society,
ST
Nagpur.
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And whereas ±e Managing Committee of the Society in
the meeting held on 29/05/2018 has considered the issues and
has resolved to place Dr. Ratnakar Ramaji Dahat, under
suspension till the conclusion of Departmental Enquiry.
Hence in terms of this Order Dr. Ratnakar Ramaji Dahat
Principal, Shri Chakrapani College of Arts, Hudkeshwar
Road, Pawar Nagar, Nagpur is placed under suspension from
the date of the receipt of the order till the completion of
departmental enquiry against him. During the period of
suspension he would be entitled for subsistence' allowance
equivalent to 50% of his monthly salary. He would not be
entitled to leave head quarter, without the prior written
perrnission of the management. He is directed to hand over the
charge of the post of the Principal to Dr. Pramod Deyidas Patil
the senior most lecturer in the college as officiating Principal.
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RefNo.72^/KES/2018-19 Datea7/<?/M(?
To,
Dr. Ratnakar Dahat,
(Suspended) Principal,
Shri Chakrapani College of Arts,
Hudkeshwar Road, Nagpur. •-
President
Katyan Educatloo SodeQ*
103, Tikekar Read, Ohantoli,
Nagpur42
Copy for information and necessary action.
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-
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KALYAN EDUCATION SOCIETY
C/o. “Unmesh", 103. likekar Road.
Dhantoll, Nagpur - 440 012 i
Dr.T.V.Gedam Dr. RAMESH L. RATNAPARKHI . Unmesh Gedam
M.A.LLB.Ph.0. Vice-President B.A.
President 82, New Indira Colony, General Secretary
Unmesh, 103, Ttkekar Road, Bhagwan Nagar, Dhanloli, Nagpur
Ohantoll, Nagpur-440 012 Nagpur -440 027
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Phone No. 2424615_____ Phone; 0712-27455
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President
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Kalyan Edncatfon Sode^
t03, Tlkakar Road* OhiiniBlH
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■ Filed on 07.03.2019
issued on
Duration 5 months
0 days
Versus
ORDER
(Delivered on 08.08.2019)
salary for the month of June 2018 to October 2018 along with interest
@12%p.a.;
the torture and humiliation they have given to the applicant and further
for the mental pressure and physical pain the applicant has gone though;
deemed'fit in the facts and circumstances of the case and also in the
interest ofjustice.
State Government.
v;
-
3
immediate effect and thus the Applicant resumed the duty as the
put .under suspension for a period of more than three months, initially he
was not paid subsistence allowance i.e. 50% of the salary. However,
was paid to him for the first month of suspension. It is his grievance that
ulterior motive to terminate him from service without just cause. He,
Applicant denied the claim in toto and stated that > the action
suspension order is also legal. It is also stated that the enquiry is now
that the charges are proved and this is a fit case for recommending
the remaining 50% of the subsistence allowance to the Applicant for the
such nothing is due from the Non-applicant and the Applicant has
deal with these issues, since the same can be agitated only before the
which he denied all the adverse averments and contentions made in the
affidavit to the rejoinder thereby reiterating the pounds stated and the
stand taken in the reply. It is further stated that after completion of the
01.07.2018, the arrears were worked out and further payment of arrears
how due from the Non-applicant. This amount includes the remaining
the entire case record and discussed the issues involved in the matter for
adjudication.
also the annual increment due to him on 01.07.2018 and the said amount
' pending disciplinary proceedings against him right from the issuance of
consideration, answer point No. (i) in the affirmative and point No.(ii) in ,
REASONS
paid 50% of subsistence allowance for the first month of suspension i.e.
for the months of July, August and September and the remaining 50%
to the rejoinder vide office copies of the letter dated 13.03.2019 (Page .
96) for Rs.90,459/- and 14.03.2.019 (Page 97) for Rs. 1,35,688/- addressed
to Applicant and nothing due to him. Record further shows that prior to
Applicant and this fact has not been specifically denied by Nori-applicant
nothing is now due to Applicant. The Applicant has also not bothered to
from record it can safely be said that aforesaid three payments pertain to
15. We, therefore, do not find any force in the contention of the
own time, since it is at final stage. Further, it was transpired during the
being so*he himself must have approved and sanctioned the payments
action and conduct of the enquiry against the Applicant thereafler and
in this behalf.
lies with the Hon’ble University and College Tribunal to deal with
such matters. This being the position, it will be beyond the scope and
to record any finding on it. The Applicant will have full opportunity to
against him. As such it will be open for the Applicant to raise all the
disciplinary action taken against him before the aforesaid Forum. The
J. ■ • be- stated that it was revealed by the Grievances Committee that the
against each other, in any case, the Applicant is not entitled to full relief
reason that the Applicant will be receiving full salaiy for suspension
proceedings.
■i
i
— -
11
Sd/-
(Arvind J. Rohee)
Chairman,
Nagpur Grievances Committee
s'" August, 2019 Rashtrasant Tukadoji Maharaj
Nagpur University,Nagpur.
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...VERSUS..; ■
RESPONDENT.S • 1. The State of Maharashtra,' through its
Secretary, Department of School Education,
Mantralaya, Mumbai - 32. ‘.
2
•<
finally at the stage of admission with ffie consent of. the learned Counsel
respondent no.3 for the period from 5.10.2006 to 28.3.2007 and the
above.
Few facts giving rise to the petition are stated thus ; -
in the year 1971. The petitioner no.2 receives grarit-in-aid from the State
s
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wp6274.15.odt
against the order of his termination, dated 28.3.2007 before the School
5
(Conditions of Service) Regulation Act. The said appeal was dismissed by
School Tribunal. The writ petition was aUowed and this Court, had. by the
judgment, dated 17.4.2015 set aside the order -of termination of the
respondent no.3 and directed the Management to pay the arrears of salary
r .
to the respondent no.3. The Court,- however, kept open, the issue m
respect of the reimbursement of the said amount by. the petitioners from
in the writ petition. The. petitioners had requested, the respondent no.2 -
of salary and the regular salary, as stated hereih above but the prayer of
%■
wp6274.15.odt
direction against the respondent nos.l and 2 to sanction* and release the
submitted that though this Court had allowed the writ petition filed by the
respondent no.3 and had directed the petitioners to release the salary in
his favour, the issue in regard to the reimbursement of the said salary
from the State exchequer was kept open. It is submitted that during the
period when the respondent no.3 was.out of service, the Management had
not employed any other employee and the State has not paid the salary to
some other employee for the post of Headmaster. It' is stated that in this
background, specially when the salary is not paid to any other employee
for the period during which the respondent no.3 was out of service, a
though in the peculiar facts of that case, the claim of the Management for
wp6274.15.odt
direction could be issued to the Education Officer for releasing the salary.
I
the petitioners as the said amount is already paid by the petitioners to the
the legal heirs of the respondent no.3, as the respondent no.3 has expired.
Shri Damle, the learned Assistant Government Pleader
appearing for the respondent nos.l and 2 has denied the claim of the
no.3, this Court had directed the Management to. pay the salary to the
terminating the services of the- respondent no.3 and therefore, the State
(S.C.) and relied on by the learned Counsel for the petitioners, the facts
grant-in-aid school.
Shri Mirza, the learned. Counsel for the respondent nos.3-a
to 3-c submitted that the respondent ho.3 would be entitled to the arrears
of salary and it does not matter to the respondent no.3 whether it comes
from the petitioners or from the State exchequer. The learned Counsel,
wp6274.15.odt
however, stated that in view of the judgment cited by the Counsel for the
school, if the State Government* has. not paid the-salary to .some other
no.3. In the case before the Hon'ble Supreme Court; the liability to pay the
salary was specifically fastened on- the Management and the State
Government was discharged of its liability to pay the salary. Such is not
the case here. In the case before 'the Hon’ble Supreme Court, the
Management had sought the salary-by filing a petition and the said
petition was withdrawn before a second petition for the same relief was
w
• • I*
filed. Though in the peculiar facts before the Hon'ble Supreme Court, the
Hon'ble Supreme Court had held that the Management would be liable to
pay the salary and the State Government would not be liable to reimburse
this Court had directed the Management to pay the salary to the
I ; % •
, - wp6274.15.odt
i.
respondent no.3, this Court had kept the issue in regard to the
submitted on behalf of the petitioners that since the petitioners had not
employed any other employee in the place of the respondent no.3 as the
Headmaster and had not secured the salary for such other employee, it
would be necessary for the respondent nos.l and 2 to pay the salary of
one employee i.e. the respondent no.3 in this case. The post on which the
respondent no.3 was appointed was a sanctioned post and his promotion
was approved. If that is so, the respondent no.2 could not have declined
to reimburse the salary to the petitioners. In the facts of this case, we are
respondent no.3-a for the period from 5:10.2006. to 28.3.2007 and the
entire salary for the period from 28.3.2007 to 31.8.2008 within a period
I a %
wp6274.I5.odt
• 8.
as to costs.
JUDGE JUDGE
Wadkar
True
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