Final SLP
Final SLP
Final SLP
[Arising out of Impugned Judgement and Final Order dated 27.09.2023 passed
by the Hon’ble High Court of Judicature at Bombay in Writ Petition No. 10472
of 2022]
VERSUS
ALONG WITH
PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)
8. Note Sheet NS 1 to
21. F/M 90
22. V/M 91
VERSUS
2. The Appeal is barred by time and there is delay of 268 days in filing the
same against the Final order dated 27.09.2024 and Application for
BRANCH OFFICER
SECTION:
Section :
Section : N.A.
Names of Judges:
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1. Nature of the matter CIVIL Criminal
11. Vehicle Number (in case of Motor Accident Claim matters) : N.A.
FILED BY: -
KUSH CHATURVEDI
AOR for Petitioner
Registration No. 1979
Office: - A-53, 17-A,
Noida, Uttar Pradesh – 201 301
(+91) 9711114870
kushchaturvedi@gmail.com
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B
SYNOPSIS
jurisdiction of this Hon’ble Court under Article 136 of the Constitution of India
to challenge the Impugned Judgement and Final Order dated 27.09.2023 passed
by the Hon’ble High Court of Judicature at Bombay in W.P. No. 10472 of 2022.
W.P. No. 10472 of 2022 had been filed by the Petitioner challenging the
Order dated 10.12.2021 passed by the Ld. Mumbai University & College
Tribunal (hereinafter referred to as “the Ld. Tribunal”). The Ld. Tribunal had
whilst allowing the Appeal filed by the Petitioner challenging his termination
3 College to conduct a fresh enquiry. The Hon’ble High Court, by virtue of the
Tribunal.
It is submitted that the action of the Ld. Tribunal had come to a categoric
finding that the Petitioner had been terminated without any statutory enquiry
having been held against him. After having held so, the Ld. Tribunal exceeded its
(“the 2016 Act”) in granting liberty to the Respondent No. 2 College to hold a
(2) Where the Tribunal, after giving reasonable opportunity to both the
parties of being heard, decides in any appeal that the order of dismissal,
contravention of any law, contract or conditions of service for the time being
in force or was otherwise illegal or improper, the Tribunal may set aside the
Committee, as the case may be, partially or wholly, and direct the university
or the management,-
may specify;
(b) to restore the employee to the rank which he held before reduction
appropriate case, to give such sum to the employee, not exceeding his
(f) to give such other relief to the employee and to observe such other
case.
(3) It shall be lawful for the Tribunal to recommend to the State Government
that any dues directed by it to be paid to the employee may be deducted from
the grant payable to the university or, as the case may be, the management
(4) Any direction issued by the Tribunal under sub-section (2) shall be
shall not be less than two months from the date of its receipt by the university
or management.”
E
The Hon’ble High Court also noticed that during the pendency of the Writ
Petition before the Hon’ble High Court, the Respondent No. 2 College had in fact
Pertinently, the aforesaid fresh enquiry was also conducted in the absence of the
Petitioner inasmuch as Notices were sent to his native place in Odisha, which he
the Ld. Tribunal to the Respondent No. 2 College to conduct a fresh enquiry.
University of Mumbai.
31.01.2018 As things stood thus, the Petitioner after being in service for 11
students community.
method.
under: -
Order was revoked and the Petitioner was allowed to sign the
his name was not included in the regular attendance muster and
letter:
on 18th June 2018 for the academic year 2018-19 you are
assigned.
alia, as under: -
wasn’t terminated.
25.12.2018 Further, the Petitioner also preferred a letter to the Respondent No.
It was arbitrarily held, that the Petitioner was unable to control the
supervision duty.
on 03.07.2018.
a) Quash and set aside the three letters (i) dated 3-7-2018
justice.
at the college;
c) Direct Respondents Nos. 1 & 2 to pay back wages that
N
may become due and payable to him after 30-4-2019…;”
2019 The Respondent No. 1 & 2 herein filed their Written Statement in
above.
24.07.2019 The Petitioner herein filed the Rejoinder to the Written Statement
10.12.2021 The Ld. Tribunal was pleased to partly allow the Appeal by
alia, as under: -
“ORDER
O
The Appeal is partly allowed.
39 to 45)
16.04.2022 As things stood thus, the Respondent College/University did not
P
issue any formal order of reinstatement of the Petitioner in
later stage.
native place and hence, was received by him only at a later point
of time.
06.08.2022 That the Peitioner, being aggrieved by the liberty granted by the
Q
Ld. Tribunal to the Respondents to hold fresh enquiry by virtue of
V.N. Malya…;”
Copy of the Writ Petition No. 10472 of 2022 dated 06.08.2022
R
filed before the Hon’ble High Court of Judicature at Bombay is
46 to 66)
the Petitioner about the said enquiry or was made a part of it. The
Petitioner did not even receive the alleged enquiry report on the
served upon the Petitioner at his native place in Odisha which the
Petitioner came to know about only at the later stage when the
27.09.2023 By virtue of the impugned judgement and final order, the Hon’ble
under: -
aside.
the Respondents to conduct fresh enquiry and also that there was
(Arising out of Impugned Judgement and Final Order dated 27.09.2023 passed
by the Hon’ble High Court of Judicature at Bombay in W.P. No. 10472 of 2022)
Versus
14
1. THAKUR EDUCATIONAL TRUST Respondent Respondent
TO,
Impugned Judgement and Final Order dated 27.09.2023 passed by the Hon’ble
High Court of Judicature at Bombay in W.P. No. 10472 of 2022. By virtue of the
impugned judgement and final order, the Hon’ble High Court whilst partly
allowing the Writ Petition filed by the Petitioner, erroneously upheld the decision
1A. The Ld. Mumbai University and College Tribunal, through its Presiding Officer
was arrayed as Respondent No. 1 by the Petitioner before the Hon’ble High Court
of Judicature at Bombay in W.P. No. 10472 of 2022. As per the Supreme Court
Rules, the Tribunals cannot be made a party, therefore the same is being not
arrayed as a party in the present petition and has been deleted from the cause title.
2. QUESTIONS OF LAW: -
The following questions of law arise for consideration by this Hon’ble Court –
A. Whether the Order passed by the Ld. Tribunal, directing a fresh enquiry in the
B. Whether having come to the conclusion that the Petitioner had been terminated
without conducting any statutory enquiry whatsoever, was the Ld. Tribunal
to Appeal has been filed by them against the Impugned Judgement and Final
That the Annexures P-1 to P-6 produced along with the present Special Leave
Petition are true copies of their respective originals and they form part of the
pleadings and the records of the case in the Court/Tribunal below (Except
Annexures P-5 & P-6) against whose Order leave to appeal is sought for in the
5. GROUNDS
That the leave to Appeal is sought for on the following amongst other Grounds:
A. BECAUSE the Hon’ble High Court has erred in allowing the Ld. Tribunal’s
Right;
C. BECAUSE the Order passed by the Ld. Tribunal, directing a fresh enquiry in
17
the present case, is in direct contravention of Section 83 (2) (a) of The
D. BECAUSE the Respondent No. 2 College had in fact conducted a fresh enquiry
fresh enquiry was also conducted in the absence of the Petitioner inasmuch as
Notices were sent to his native place in Odisha, which he was unaware of;
H. BECAUSE after having come to the conclusion that the Petitioner had been
Tribunal ought not to have direct the Respondent No. 2 College to conduct a
a) Grant Special Leave to Appeal against Impugned Judgement and Final Order
b) Pass such other order which this Hon’ble Court deems fit in the facts and
It is most respectfully prayed that this Hon’ble Court may be pleased to: -
(a) N/A
FILED BY:
(KUSH CHATURVEDI)
Advocate for the Petitioner
PLACE: - NEW DELHI
DATE: - 19.09.2024
19
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SLP (C) NO. _______ OF 2024
C E R T I F I C A T E
Certified that the Special Leave Petition is confined only to the pleadings before
the High Court whose orders are challenged and the other documents relied upon
relied upon in the Special Leave Petition. It is further certified that the copies of
answer the question of law raised in the petition or to make out grounds urged in
the Special Leave Petition for consideration of this Hon’ble Court. This certificate
is given on the basis of instructions given by the Petitioner whose affidavit is filed
FILED BY: -
(KUSH CHATURVEDI)
ADVOCATE FOR PETITIONER
NEW DELHI
FILED ON: 19.09.2024
20
21
APPENDIX
22
“83. (1) On receipt of an appeal, where the Tribunal after giving reasonable
opportunity of being heard to both parties, is satisfied that the appeal does
(2) Where the Tribunal, after giving reasonable opportunity to both the
parties of being heard, decides in any appeal that the order of dismissal,
contravention of any law, contract or conditions of service for the time being
in force or was otherwise illegal or improper, the Tribunal may set aside the
Committee, as the case may be, partially or wholly, and direct the university
or the management,-
may specify;
(b) to restore the employee to the rank which he held before reduction
appropriate case, to give such sum to the employee, not exceeding his
(f) to give such other relief to the employee and to observe such other
case.
(3) It shall be lawful for the Tribunal to recommend to the State Government
that any dues directed by it to be paid to the employee may be deducted from
the grant payable to the university or, as the case may be, the management
(4) Any direction issued by the Tribunal under sub-section (2) shall be
shall not be less than two months from the date of its receipt by the university
or management.”
ANNEXURE P-1 24
Thakur Educational Trust’s (Regd.)
THAKUR COLLEGE OF SCIENCE & COMMERCE
UGC Recognised
(NAAC Re-Accredited with Grade ‘A’ [3rd Cycle] & ISO 9001:2015 Certified)
Shyamnarayan Thakur Marg, Thakur Village, Kandivali (East), Mumbai – 400 101, INDIA.
Tel: 2846 3565 / 2887 0527 | Fax: 2886 8922
Website: www.tcsc.org.in | Email: tcsc@tcsc.org.in
Date: - 03.07.2018
To,
Mr. S.K. Sahoo,
Degree - Economics
Consider this as a notice period (till end of academic year 2018-19) for
termination of services in the Institute.
Sd/-
Illegible
VERSUS
PETITION
TO,
to challenge the Impugned Judgement and Final Order dated 27.09.2023 passed
by the Hon’ble High Court of Judicature at Bombay in W.P. No. 10472 of 2022.
By virtue of the impugned judgement and final order, the Hon’ble High Court
whilst partly allowing the Writ Petition filed by the Petitioner, erroneously upheld
the decision of the Ld. Tribunal to grant an opportunity to the Respondent No. 3
2. That the detailed facts and circumstances pertaining to the instant case have been
set out in the captioned SLP and as such are not being repeated herein for the sake
of brevity. The Applicant/Petitioner craves liberty to refer to and rely upon the
4. That, the Applicant/Petitioner had to apply for Legal Aid Services for filing the
captioned Petition. While the request was being considered by the Supreme Court
Petition against the Respondents in Writ Petition No. 10472 of 2022 before the
Hon’ble High Court of Judicature at Bombay, the Impugned Order passed in the
said Writ Petition is subject matter of the present SLP. The Hon’ble High Court
has finally decided the Contempt Petition and the same was dismissed by virtue
of Order dated 10.09.2024, due to which there is an inadvertent delay in filing the
captioned SLP.
5. That the Applicant/Petitioner has a good prima facie case on merits and the
69
balance of convenience is in his favour. Irreparable harm and injury may be
allowed.
facts and circumstances and in the interest of justice. No prejudice will be caused
PRAYER
It is most respectfully prayed that this Hon’ble Court may kindly be pleased to:
a) Allow the present Application and condone the delay of 268 days in filing the
SLP;
b) Pass such other order which this Hon’ble Court deems fit in the facts and
FILED BY: -
VERSUS
DOCUMENTS
TO,
challenge the Impugned Judgement and Final Order dated 27.09.2023 passed by the
Hon’ble High Court of Judicature at Bombay in W.P. No. 10472 of 2022. By virtue
of the impugned judgement and final order, the Hon’ble High Court whilst partly
allowing the Writ Petition filed by the Petitioner, erroneously upheld the decision of
the Ld. Tribunal to grant an opportunity to the Respondent No. 3 College to conduct
2. That the detailed facts and circumstances pertaining to the instant case have been set
out in the captioned SLP and as such are not being repeated herein for the sake of
brevity. The Applicant/Petitioner craves liberty to refer to and rely upon the same as
record Additional Documents, which were not a part of record in the Courts below.
That the following documents may be relevant for the purposes of the adjudication
i. Copy of Contempt Petition No. 283 of 2024 dated April 2024 filed in Writ
Petition No. 10472 of 2022 before the Hon’ble High Court of Judicature at
73 to 83)
ii. Copy of Order dated 10.09.2024 passed by the Hon’ble High Court of
5. That the present Application is being moved in the above-mentioned bonafide facts
and circumstances and in the interest of justice. No prejudice will be caused to the
PRAYER
It is most respectfully prayed that this Hon’ble Court may kindly be pleased to:
record Additional Documents marked as ANNEXURE P-5 & P-6 in the captioned
SLP;
b) Pass such other order which this Hon’ble Court deems fit in the facts and
FILED BY: -
IN
WRIT PETITION NO. 10472 of 2022 .
DISTRICT MUMBAI
Mumbai-400032.
2. Thakur Educational Trust
respondent no. 2 & 3 since 11 th June 2007. The petitioner states that he
nova inquiry in the said matter within 8(eight) months from its Judgement
& order cit.13 th January 2019. The Ld. _Tribunal also ordered that if the
said de-nova inquiry is not completed within 8(eight) months of its said
judgement & order then petitioner will be liable to be paid back wages in
fl
6
75
3. Petitioner further states that the aforesaid order of the Ld. Tribunal was
not complied by respondent No. 2 & 3 in its letter & spirit. Thereafter
petitioner challenged the said order of the Ld. Tribunal before this
Hon'ble Court vide Writ Petition bearing No. 10472 of 2022 along with
4. Petitioner states that this Hon'ble Court was pleased to part[y allow the
under deemed suspension from 3rd July 2018 'till finalisation of the order
subsistence allowance as per the applicable rules & regulation for the
2023 within 4(four) weeks of the said order. The operative part is
reproduced as hereunder: -
period from 03 July 2018 till the date of passing of final order in
& Judgement dt. 27th September 2023 passed by this Hon'ble Court).
5. The petitioner states that pursuant to the aforesaid order dt. 27th
per the rules & regulations within 4(four) weeks which was not wilfully
6. The petitioner states that the respondent college had not conducted the
7. · The petitioner states that respondent no 2 & 3 vide letter dt. 14th October
University of Mumbai from the petitioner that he had not accepted any
gainful employment or trade or business for the period for which the
replied to the said letter dt. 14th October 2023 sent by the respondent
college.
(Attached herewith and marked as Exhibit "B" "Colly" are the copies of
letter dt. 14th October 2023 sent by respondent college along.with replies
of the petitioner).
college that he had not accepted any gainful employment as per the
allowance.
{Attached herewith and marked as Exhibit "C" "Colly" are the copies of
matter).
law & were compelling the petitioner to accept the said meagre amount
Eighty Only) for the period from 3rd July 2018 to 10th January 2023.
10. The petitioner states that he informed the respondent college that he will
11. The petitioner states that the respondent college conducted an illegal
inquiry without giving any prior notice to the petitioner, without his
without any opportunity to file his say in the said inquiry. The petitioner
states that the said illegal inquiry to dismiss the petitioner without any
3 also issued their reply cit.27 th February 2024 to the petitioner along
vide his letter dt. 2nd March 2024 returned the said cheque & informed
13. Petitioner states that the respondent college vide their reply dt. 27th
February 2024 has made some false & incorrect submissions in relation
with the observations of this Hon'ble Court in its order dt. 27th September
allowance as per the statement of respondent college and all other facts
of the present contempt petition before this Hon'ble Court, The contents
of the reply dt. 27th February 2024 sent by the respondent college which
are inconsistent with the facts stated by the petitioner on record vide his
various communications and legal notice dt. 20th February 2024 are
The meagre amount earned by petitioner for his survival during the
V
10
79
~eemed suspension period in absence & non-payment of any
3 are duty bound to pay the full subsistence allowance to the petitioner
14. Petitioner states that the legitimate subsistence allowance from 3rd July
Rupees Only with yearly Increment and Rs. 32, 94,094 (Thirty-Two
yearly Increment) & thereafter continuation of the same till final order in
grounds, which are set out herein and which are without preiudice
to one another: -
complying with the directions of this Hon'ble Court vide its order
manner
pursuant to the said order of this Hon'ble Court; and his deemed
16. The Petitioner states that under the aforesaid facts and circumstances,
contemptuous act committed by the Respondent Nos.2 & 3 and all their
17. The petitioner will rely on additional grounds if any at the time of final
remedy other than filing the present petition before this Hon'ble Court.
20. The present writ petition is filed without any delay and latches on the
21. The petitioner states that the cause of action in present matter has
arisen in Mumbai therefore this Hon'ble Court has jurisdiction to try and
22. Petitioner has paid the requisite court fees for filing the present petition
23. The petitioner states that No other petition or any other petition seeking
similar reliefs is/are pending before any other Court save and except the
1971.
respondent no 2 & 3 and all others persons who are responsible for
committing the wilful contempt of the order dt. 27th September 2023
y
14
83
d) This Hon'ble Court may be pleased to issue appropriate writ, order,
comply with the order dt. 27th September 2023 in Writ Petition
hereinabove, be granted.
V
Prashant Nayak Subra~ahoo
{Advocate for the Petitioner) {Petitioner)
I
. '
VERIFICATION
I, Subrat Kumar Sahoo, aged 51 years, the petitioner above named
y
I
RI 0/
Identified by me ff/
Prashant Nayak
{Advocate for the Petitioner)
c ()3
Section Officer,
)el{\~
.J
High Court, }\ppeHate Side
Bombay
84
2024:BHC-AS:36898
ANNEXURE P-6
Shubhada S Kadam 21-cp-283-2024.doc
CORAM : R. M. JOSHI, J.
P.C. :
neglected to comply with the order dated 27th September 2023 passed by
against the petitioner and during the period till his services are terminated,
Digitally
signed by
not conduct a lawful inquiry and as such committed contempt of the order
SHUBHADA
SHUBHADA SHANKAR
SHANKAR
KADAM
KADAM
Date: of this Court. Similarly, the grievance is made with regard to non-payment
2024.09.13
18:53:53
+0530
of subsistence allowance and it is further claimed that subsistence
1/6
counsel for the petitioner that the order passed by this Court dated
27th September 2023, though does not mention in operative part about
was incumbent on the part of the respondents to conduct fresh inquiry and
to pay subsistence allowance during the period of inquiry till his services
are terminated. It is argued that the respondents were duty bound under
to contempt of court.
rules/regulations during the suspension period from 3rd July 2018 till the
the affidavit-in-reply filed on record which indicates that the services of the
petitioner were terminated on 10th January 2023 and if at all, the petitioner
is aggrieved by the same, he can challenge the said order but the
Court to the correspondence entered into between the parties with regard
2/6
evidence under Right to Information Act 2005 indicating that the petitioner
was gainfully employed and had substantially earned during the period of
settled to state that there should be willful disobedience of the order of the
relevant to refer to the order passed by this Court in writ petition No.10472
ii) Tribunal’s direction for payment of back wages only in the event of
failure to conclude inquiry within 8 months is set aside.
3/6
held is that the Tribunal’s order of setting aside the termination and
4/6
was issued, it came to be issued at later point of time. Apart from this,
employed during this period and has earned substantial amount. In such
5/6
7. This Court has come across with the contempt petitions which
demands. In the considered opinion of this Court, the instant case is one
fact that the petitioner is an employee who is raising issue about his
6/6
VERSUS
INDEX OF FILING
D/9068/2021
Kush Chaturvedi
27.09.2024
MEMO OF PARTIES 92
Filed By: -