Maharashtra: MAT rules termination of probationer as unlawful

Representation Pic

The Maharashtra Administrative Tribunal (MAT) reinstated a probationer who had been unlawfully terminated from the post of assistant secretary (technical) with the Maharashtra State Board of Technical Education.

The applicant challenged the termination before the MAT stating she was selected through the MPSC in 2021 for the post of assistant secretary (technical) and that the action against her was against the principle of natural justice. The MAT heard the argument and passed the order on December 7 in favour of the applicant, after termination was quashed and she has been directed to be reinstated within the next three weeks.

Interestingly, the MAT has not only set aside the termination order, but also directed the state to reinstate and pay her back wages, during the period of unlawful termination.

The complaint

Advocate Rajeshwar Panchal said his client Taramati Taji was appointed on January 7, 2021 to the post of assistant secretary (technical) with the establishment of the director, Directorate of Technical Education and posted in the Maharashtra State Board of Technical Education head office in Bandra East.

In her complaint before the MAT, Taji stated that since October 26, 2021 she objected to some of the discrepancies found in the software services bills sent by the IT section for approval. As some services were not availed on account of the pandemic, so concerns were raised by the applicant and another assistant secretary with respect to approving the said three bills amounting to R12.75 lakh. Taji showed unwillingness to approve the said bills which eventually resulted in setting up a committee to examine the veracity of the bills.

‘Victimisation'

According to Panchal, irked by the stand taken by her, Taji was allegedly subjected to harassment and victimisation. She wrote to the government on January 17, 2023, requesting it to look into her grievances. However, she did not receive any response from the government.

Terminated from service

The secretary of the higher and technical education department terminated Taji from the service on May 19, 2023 on finding her guilty of five charges of misconduct. The charges include insubordination, negligence and lack of devotion to duty, misbehaviour with senior officers and colleagues, blaming senior officers and office for mistake and pressurising higher-ups.

Advocate Panchal contended the termination order to be illegal as no disciplinary proceedings as mandated under the law have been conducted to prove aforesaid charges and therefore bound to be set aside.

Other side

In their argument, S P Manchekar, chief presenting officer (CPO) for the State Board of Technical Education and K S Gaikwad, presenting officer for government and directorate of technical education, submitted that Taji was on probation and her probation period was not completed at the time of appointment. The CPO attributed the termination to her misconduct as spelled out in the five charges.

Misconduct needs to be proved

Justice Mridula Bhatkar, chairperson, and Medha Gadgil, member (A), stated in the order, "Misconduct is required to be proved and also opportunity is to be given to the delinquent officer by following the principles of natural justice. Hence the order dated May 19, 2023 is not sustainable by law." The MAT court ordered the government and the department concerned to reinstate Taji to service within three weeks and pay her the back wages.

Advocate Speak

"The applicant was under tremendous stress when she approached me after her termination. However, the respondents didn't file their reply for almost five months although they had filed a caveat. The tribunal was graceful enough to take up the matter on priority in view of the order being prima facie illegal on its face. We are grateful to the tribunal for rendering justice in our case," Panchal said.

Jan 7, 2021
Day of appointment

May 19, 2023
Day of termination