Decisions regarding employees through ‘quasi-judicial forum should not be given: HC

Chhatrapati Sambhajinagar: Justice R M Joshi from the Aurangabad bench of the Bombay High Court recently directed that ministers and secretaries should no longer give judgments regarding employees through the ‘quasi-judicial forum’ established by the government through administrative orders.

The appeal of the employees about their dismissal from a residential school in the Ashti tehsil (Beed) district was approved by the concerned minister. As the petition filed by the school administration against it, the bench gave the above order.

Box

Ashti-based Matoshree Sevabhai Sanstha dismissed seven employees from its residential school from service. Dissatisfied with this, the employees filed an appeal with the Deputy Director of the Social Welfare Department, which was rejected. Against this, the employees filed an appeal with the Secretary of the Department. The secretary also rejected their appeal. Against this, the employees made an appeal to the Minister. He approved the employees' appeal through the 'Semi-Judicial Forum' established by the government decision of October 3, 2017. The education society challenged the decision in the HC.

Box

Provision must be made in law

During the hearing, the bench pointed out that a decision cannot be given through a ‘quasi-judicial forum’ established by the government through an administrative order. If judgments are to be given through a forum, ‘such provision must be made in the law itself.’ After the hearing, the bench set aside the decision of the minister and ordered as above. The bench allowed the respondent employees to file an appeal before the School Tribunal within four weeks as per the provisions of the law.

Box

Govt orders

The State Government issued a decision on October 3, 2017, through the Welfare Department of Scheduled Castes, Nomadic Tribes, Other Backward Classes and Special Backward Classes, creating a quasi-judicial system for appeals. As per the decision, a review of grievances or injustices of employees of government-approved aided ashram schools, residential schools and Vidyaniketans can be done. Through this, the Minister approved the appeals of the employees.